Punitive Damages Reform: SB 465 (1986).

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Limits punitive damages to three times the award of compensatory


Limits punitive damages to three times the award of compensatory damages, unless a plaintiff can demonstrate by “clear and convincing” evidence that a higher award would not be excessive.  Requires sixty percent of the award to be paid to the state’s General Fund or Medical Assistance Trust Fund.  (The reform was amended in 1992 so that 35% of any punitive damages award goes to the state’s General Fund or Medical Assistance Trust Fund.)

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More Work Remains on Tort Reform

This letter-to-the-editor was originally published by The Herald-Dispatch in Huntington, WV. West Virginia was a mainstay on the American Tort Reform Foundation’s “Judicial Hellholes®” list for nearly 20 years, finally […]