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West Virginia · Medical malpractice claims: harm and next steps

Medical malpractice claims: harm and next steps in West Virginia

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Filing deadline2 years from discovery; 10-year repose; 30-day notice requiredW.Va. Code § 55-7B-4

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?

W.Va. Code § 55-7B-4: 2-year SOL from injury or discovery, whichever occurs last; 10-year repose. 30-day Notice of Claim required. A lawyer can confirm yours.

2 years from discovery; 10-year repose; 30-day notice required

Minors under age 10 at the time of injury: 2 years from injury or until the 12th birthday, whichever is longer.

Source: W.Va. Code § 55-7B-4

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.

Medical facilities in West Virginia

  • WVU Medicine J.W. Ruby Memorial Hospital — Level I Trauma Center

How this works nationally

For the overall process and updates, read the Medical malpractice claims: harm and next steps 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 § 55-7B-4