Whether you noticed something was wrong during a routine checkup or watched doctors rush your newborn out of the room, a birth injury changes everything. The medical bills, long-term care costs and unanswered questions that follow can feel just as overwhelming as the diagnosis itself.
In West Virginia, your family has legal options and understanding them is the first step toward securing what your child needs.
Calculating your economic costs
The first category of recovery involves “economic damages,” which cover the real costs your family faces. Birth injuries like cerebral palsy or nerve damage often require specialized therapy and home modifications; these costs add up fast.
You may be able to recover expenses for past medical treatment and the projected costs of future care. Under West Virginia law, there is no limit on economic damages, which means the award can cover your child’s full needs for life.
Navigating your non-economic limits
The second category covers “non-economic damages,” which represent the human cost of an injury, such as pain, suffering and the loss of a normal childhood. Unlike economic costs, West Virginia sets a limit on these amounts.
According to West Virginia law, a legal cap limits non-economic damages to an inflation-adjusted amount, approximately $358,000 as of 2026.
However, in cases involving permanent disability or death, this limit goes up to an inflation-adjusted maximum of approximately $716,000 as of 2026. The state adjusts both amounts each year for inflation up to a set limit.
Protecting your legal rights
Timing matters when you are seeking accountability for medical errors. While most personal injury claims have a tight deadline, West Virginia has a special filing period for children. An attorney must typically file a legal action for a child injured before the age of 10 by their twelfth birthday or within two years of the date the injury occurred, whichever is later.
Because every case is different and the rules are strict, including the 10-year filing deadline, it is best to get legal guidance to make sure your family’s rights are fully protected.
