Collateral Source Rule West Virginia recognizes the collateral source rule in all personal injury actions. Therefore, damages are not reduced by collateral benefits the claimant has received as compensation for injuries for which he has recovered. Pre-judgment interest is recoverable in personal injury actions with respect to any direct pecuniary loss that can be rendered certain by calculation. Patient Compensation Funds and Physician Insurance West Virginia does not have a patient compensation fund, and it does not require its licensed physicians to carry professional liability insurance. Subject to the Acts provisions, the state has waived its immunity and that of its political subdivisions, a category that includes municipalities, counties, and towns.
Public employees are immune from suit.
All actions against West Virginia and its political subdivisions must be brought within two years from the occurrence or from the date the claimant discovered or should have discovered the occurrence. Claimants under ten years of age may bring an action against the state or its political subdivisions within the above-noted period or by their twelfth birthday, whichever is later. The procurement of liability insurance will not effect a waiver of the political subdivision's limited immunity. Arbitration West Virginia does not mandate the reference of medical malpractice actions to binding arbitration. All Rights Reserved.