How this estimate is built
Your medical expenses and lost wages are your economic damages. We apply the multiplier method, the industry-standard approach, to estimate noneconomic damages — then apply West Virginia's fault rule and check whether its malpractice cap genuinely applies.
A fault bar liberalized by a 2015 reform
Under W. Va. Code § 55-7-13c(c), effective May 25, 2015, West Virginia bars recovery only when a claimant's fault is greater than 50% — exactly 50% fault still allows recovery, reduced proportionally. This replaced the state's older common-law rule from Bradley v. Appalachian Power Co., under which 50% fault or more was enough to bar a claim entirely. The same 2015 reform, however, replaced joint and several liability with several liability for most defendants — each generally pays only their own proportionate share, with exceptions for a conscious conspiracy between defendants or certain conduct involving alcohol, drugs, or criminal acts.
A two-tier malpractice cap, adjusted every year
West Virginia caps noneconomic damages in medical malpractice cases under W. Va. Code § 55-7B-8. A base tier applies to most cases, currently near its inflation-adjusted statutory ceiling of $375,000. A higher tier applies for wrongful death or permanent and substantial injury, capped at $750,000 after inflation adjustment. Both figures rise annually with the Consumer Price Index, up to those stated ceilings. Economic damages — medical bills, lost wages, future lost earning capacity — are not capped at all.
A separate trauma-cap wrinkle worth knowing about
West Virginia law also includes a distinct, lower "trauma cap" tied to a dedicated malpractice insurance fund, which can in some cases actually produce a lower total recovery than the general cap described above — particularly for a claimant with relatively modest economic damages. This is a genuinely technical area worth discussing directly with an attorney if your case involves emergency or trauma care.