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Category Archive
Personal Injury
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How Conspiracy Tolls the West Virginia Statute of Limitations

Every state has laws that limit the time plaintiffs have to sue. Sometimes, though, the law allows for extending, or “tolling,” the time limit in certain circumstances. For instance, West Virginia’s statute of limitations may be tolled when the plaintiff does not know he or she has a cause of action and cannot known by Read More

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West Virginia Limits Wrongful Death Suits on Behalf of Unborn Children

The West Virginia Supreme Court of Appeals has previously permitted a wrongful death lawsuit in behalf of a nonviable child still in the womb. Now, the court has curtailed its ruling, holding that an ectopic embryo or ectopic fetus does not qualify as a person under the Wrongful Death Statute. The recent decision, in Saleh Read More

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West Virginia Top Court Declines to Review Claims Commission Decisions

The West Virginia Constitution makes the state government immune to suits against it. However, the state legislature may temper the harshness of that prohibition by enacting bills appropriating money to compensate people injured by the wrongful acts of the state government. The West Virginia Legislative Claims Commission was created to make findings and recommendations on Read More

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