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West Virginia · NEC baby formula claims: what parents can do

NEC baby formula claims: what parents can do in West Virginia

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Filing deadlineAge 20 for surviving minor's personal injury claim; 2 years from death for wrongful deathW. Va. Code § 55-2-12(b)

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 personal injury SOL: 2 years (W. Va. Code § 55-2-12(b)). Minor tolling: SOL tolled until age 18, then 2-year SOL runs — child's claim expires at age 20 (§ 55-2-15). Wrongful death: 2 years from death (§ 55-7-6). A lawyer can confirm yours.

Age 20 for surviving minor's personal injury claim; 2 years from death for wrongful death

West Virginia follows modified comparative fault — 51% bar. Discovery rule recognized.

Source: W. Va. Code § 55-2-12(b)

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's 2-year personal injury SOL is tolled for minors until age 18 — surviving NEC children have until age 20 to file. WVU Medicine Children's Hospital in Morgantown is the state's only Level IV NICU. West Virginia has an above-average premature birth rate driven by economic hardship, substance use disorders, and rural healthcare access gaps.

Medical facilities in West Virginia

  • WVU Medicine Children's Hospital — NICU (Level IV)

  • CAMC Women and Children's Hospital — NICU (Level III)

How this works nationally

For the overall process and updates, read the NEC baby formula claims: what parents can do 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(b)