West Virginia Tort Reform Legislation

ISSUE

CURRENT LAW

STATUTORY CITATION and LINK

OTHER PROVISIONS

2003 NEW LAWS and NET EFFECT of LAW CHANGE

2003 BILLS PENDING and CARRIED OVER to 2004

Appeal Bond Reform

Limits amount of appeal bond to $200 million and further to $100 million each for compensatory and punitive damages.

West Virginia Code 4-11A-4

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Noneconomic Damage Reform

Limits noneconomic damages in medical malpractice cases to $250,000 or $500,000 in cases involving wrongful death or permanent disability.

West Virginia Code 55-7B-8

In the event the described limits are determined unconstitutional, maximum noneconomic damages may not exceed $1 million.

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