West Virginia Code
Article 7. Actions for Injuries
§55-7-25. Personal Injury and Wrongful Death Actions; Complaint; Specific Amount of Damages Not to Be Stated

In any action to recover damages for personal injury or wrongful death, no specific dollar amount or figure relating to damages being sought may be included in the complaint. However, the complaint may include a statement reciting that the amount in controversy satisfies the minimum jurisdictional amount established for filing the action. Further, and pursuant to the West Virginia Rules of Civil Procedure pertaining to discovery, any party defendant may at any time request a written statement setting forth the nature and amount of damages sought. The request shall be served upon the plaintiff who shall serve a responsive statement as to the nature and amount of damages sought within thirty days thereafter. If no response is served within thirty days after receipt of service by the plaintiff, the party defendant requesting the statement may petition the court in which the action is pending to order the plaintiff to serve a responsive statement upon the requesting party defendant. This section applies only to complaints filed on or after July 1, 2008.

Structure West Virginia Code

West Virginia Code

Chapter 55. Actions, Suits and Arbitration; Judicial Sale

Article 7. Actions for Injuries

§55-7-1. Seduction

§55-7-2. Insulting Words

§55-7-3. Unlawful Seizure or Attachment

§55-7-4. Action of Replevin Abolished

§55-7-5. Action for Death by Wrongful Act

§55-7-6. By Whom Action for Wrongful Death to Be Brought; Amount and Distribution of Damages; Period of Limitation

§55-7-7. Compromise of Claim for Death by Wrongful Act

§55-7-8. Personal Injury Action Where Injuries Result in Death

§55-7-8a. Actions Which Survive; Limitations; Law Governing Such Actions

§55-7-9. Violation of Statutes

§55-7-10. Trespass Abolished; Trespass on the Case to Lie in Lieu Thereof

§55-7-11. Suits Against Unincorporated Common Carriers

§55-7-11a. Settlement, Release or Statement Within Twenty Days After Personal Injury; Disavowal; Certain Expressions of Sympathy Inadmissible as Evidence

§55-7-12. Liability of One Joint Tort-Feasor Not Affected by Release To, or Accord and Satisfaction With, Another

§55-7-13a. Modified Comparative Fault Standard Established

§55-7-13b. Definitions

§55-7-13c. Liability to Be Several; Amount of Judgment; Allocation of Fault

§55-7-13d. Determination of Fault; Imputed Fault; When Plaintiff’s Criminal Conduct Bars Recovery; Burden of Proof; Damages; Stay of Action; Limitations; Applicability; Severability

§55-7-14. Liability of Visual or Sound Broadcasting Stations for Defamatory Statements

§55-7-15. Aid to Victim of Accident and Victim of Crime; Immunity From Civil Liability

§55-7-16. Immunity From Liability for Ski Patrol Rendering Emergency Care

§55-7-17. Aid by Trained Hazardous Substance Response Personnel; Immunity From Civil Liability; Definitions

§55-7-18. Limiting Liability of Home Care Service Providers, Daycare Centers and Residential Care Facilities Disclosing Certain Employment Information

§55-7-18a. Employer Immunity From Liability; Disclosure of Information Regarding Former Employees

§55-7-19. Liability of Health Care Providers Who Render Services at School Athletic Events; Limiting Liability; Exceptions

§55-7-20. Limiting Civil Liability of Nonprofits for Arranging Passage on Excursion Trains

§55-7-21. Creating Presumption of Good Faith for Court-Appointed Licensed Psychologists and Psychiatrists Conducting a Child Custody Evaluation; Method for Assigning Court and Legal Fees

§55-7-22. Civil Relief for Persons Resisting Certain Criminal Activities

§55-7-23. Prescription Drugs and Medical Devices; Limiting Health Care Providers' Liability Exposure

§55-7-25. Personal Injury and Wrongful Death Actions; Complaint; Specific Amount of Damages Not to Be Stated

§55-7-26. First Responders Who Use Forced Entry in Response to 911 Call; Limited Immunity From Civil and Criminal Liability

§55-7-27. Liability of Possessor of Real Property for Harm to a Trespasser

§55-7-28. Limiting Civil Liability of a Possessor of Real Property for Injuries Caused by Open and Obvious Hazards

§55-7-29. Limitations on Punitive Damages

§55-7-30. Adequate Pharmaceutical Warnings; Limiting Civil Liability for Manufacturers or Sellers Who Provide Warning to a Learned Intermediary

§55-7-31. Limitation on Products Liability Actions; Innocent Seller