West Virginia · Claims for burns from hot soup

Claims for burns from hot soup in West Virginia

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Filing deadline2 years from date of burn (tolled until age 18 for minor victims; no statute of repose)W. Va. Code § 55-2-12

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in West Virginia?

West Virginia has a 2-year statute of limitations for personal injury and product liability claims (W. Va. Code § 55-2-12). For minor victims, § 55-2-15 tolls the SOL during minority. West Virginia has no product liability statute of repose. A lawyer can confirm yours.

2 years from date of burn (tolled until age 18 for minor victims; no statute of repose)

Source: W. Va. Code § 55-2-12

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

West Virginia applies modified comparative fault with a 51% bar. West Virginia has historically been a plaintiff-favorable jurisdiction, particularly in Kanawha County (Charleston) and Cabell County (Huntington). West Virginia's Appalachian communities have among the highest poverty rates in the nation, correlating with very high instant soup consumption and elevated child burn exposure. West Virginia juries in certain counties have produced substantial verdicts in consumer product cases.

Medical facilities in West Virginia

  • West Virginia University Medicine — Burn Care

How this works nationally

For the overall process and updates, read the Claims for burns from hot soup overview. This page covers the local information available for West Virginia.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in West Virginia? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

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Sources

  1. W. Va. Code § 55-2-12