# Catastrophic injury noneconomic damages · West Virginia — Medical malpractice noneconomic damages caps by state

For Catastrophic injury noneconomic damages · West Virginia, state is West Virginia; type of cap is Catastrophic injury noneconomic damages; cap amount is $500,000; inflation adjustment is Adjusted annually for inflation, but the $250,000 cap shall not exceed $375,000 and the $500,000 cap shall not exceed $750,000; constitutional status is In force, recorded from its source on 2026-08-31.

- **State:** West Virginia _(our reading, not quoted from the source)_
- **Type of cap:** Catastrophic injury noneconomic damages _(our reading, not quoted from the source)_
- **Cap amount:** $500,000 _(verified: appears in the quote below)_
- **Inflation adjustment:** Adjusted annually for inflation, but the $250,000 cap shall not exceed $375,000 and the $500,000 cap shall not exceed $750,000. _(verified: appears in the quote below)_
- **Constitutional status:** In force _(our reading, not quoted from the source)_

## What the source says

> involving (1) wrongful death, (2) permanent and substantial physical deformity, loss of use of limb or loss of a bodily organ system, or (3) permanent physical or mental functional injury that permanently prevents the injured person from being able to independently care for himself or herself and perform life sustaining activities. Adjusted annually for inflation, but the $250,000 cap shall not exceed $375,000 and the $500,000 cap shall not exceed $750,000.

## Source

- https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf

Last verified: 2026-08-31. Review by: 2027-02-27.
Part of [Medical malpractice noneconomic damages caps by state](https://referencesource.org/state-medical-malpractice-damages-caps/).