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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.
| Medical malpractice | 2 years |
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| Wrongful death | 2 years |
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| Damage cap | About $375,000 noneconomic; about $750,000 for death or catastrophic injury (adjusted each year) |
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| Expert affidavit or certificate | Screening certificate of merit with the notice of claim |
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| Before you sue | Notice of claim at least 30 days before filing; provider may demand mediation |
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| Dollar limit | $20,000 (magistrate court) |
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| Filing fee | $50 to $70 |
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| Lawyers | Allowed |
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| Small estate limit | $50,000 personal property (real estate $100,000 or less) |
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| Wait after death | 30 or 60 days |
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| Real estate | No |
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| Credit cards / open accounts | 5 years |
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| Written contracts | 10 years |
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| Promissory notes | 5 years |
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| Rule | Modified comparative negligence (50% bar) |
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| When you are barred | Barred if you are 50% or more at fault |
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| Expanded? | Yes |
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| Since | Jan. 1, 2014 |
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| Marketplace type | Federal marketplace |
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| Where to enroll | HealthCare.gov |
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| Acknowledge | 15 working days (acknowledge and start investigating) |
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| Accept or deny | Deny or make a written offer within 10 working days after the investigation ends |
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| Pay | 15 working days after an agreed settlement |
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| Estate tax | No state estate tax |
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| Inheritance tax | No inheritance tax |
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