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
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
Article 7. Actions for Injuries
§55-7-3. Unlawful Seizure or Attachment
§55-7-4. Action of Replevin Abolished
§55-7-5. Action for Death by Wrongful Act
§55-7-7. 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
§55-7-13a. Modified Comparative Fault Standard Established
§55-7-13c. Liability to Be Several; Amount of Judgment; Allocation of Fault
§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
§55-7-18a. Employer Immunity From Liability; Disclosure of Information Regarding Former Employees
§55-7-20. Limiting Civil Liability of Nonprofits for Arranging Passage on Excursion Trains
§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
§55-7-27. Liability of Possessor of Real Property for Harm to a Trespasser
§55-7-29. Limitations on Punitive Damages
§55-7-31. Limitation on Products Liability Actions; Innocent Seller