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West Virginia: rules and deadlines at a glance

Every 10 topic we track for West Virginia on one page. Open a topic for the details, the law it comes from and how West Virginia compares.

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Malpractice rules · Small claims limits · Small estate limits · Debt time limits · Shared fault rules · Medicaid expansion · ACA marketplace · Claim deadlines · Estate and inheritance tax

General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply; open a topic for the details.

Filing deadlines (statute of limitations)

Medical malpractice2 years
Wrongful death2 years

Malpractice rules Single detailed source

Damage capAbout $375,000 noneconomic; about $750,000 for death or catastrophic injury (adjusted each year)
Expert affidavit or certificateScreening certificate of merit with the notice of claim
Before you sueNotice of claim at least 30 days before filing; provider may demand mediation

Small claims limits Single detailed source

Dollar limit$20,000 (magistrate court)
Filing fee$50 to $70
LawyersAllowed

Small estate limits Single detailed source

Small estate limit$50,000 personal property (real estate $100,000 or less)
Wait after death30 or 60 days
Real estateNo

Debt time limits

Credit cards / open accounts5 years
Written contracts10 years
Promissory notes5 years

Shared fault rules

RuleModified comparative negligence (50% bar)
When you are barredBarred if you are 50% or more at fault

Medicaid expansion Single detailed source

Expanded?Yes
SinceJan. 1, 2014

ACA marketplace

Marketplace typeFederal marketplace
Where to enrollHealthCare.gov

Claim deadlines

Acknowledge15 working days (acknowledge and start investigating)
Accept or denyDeny or make a written offer within 10 working days after the investigation ends
Pay15 working days after an agreed settlement

Estate and inheritance tax

Estate taxNo state estate tax
Inheritance taxNo inheritance tax