Bye Bye West Virginia Ad Damnum Clauses

West Virginia has prohibited lawyers from seeking damages in auto accident, medical malpractice and other personal injury cases in a complaint. The legislation passed unanimously through the West Virginia legislature.

West Virginia already has a similar law in medical malpractice cases. Other jurisdictions should follow suit because of the insanity of reporters reporting on the amount of the ad damnum clause – which has absolutely nothing to do with the true damages sought – was an embarrassment to all lawyers handling personal injury cases.

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