Posted On: March 24, 2008 by Ronald V. Miller, Jr.

Some Wisdom from West Virginia: The Death of Ad Damnum Clauses

Legislation is pending in West Virginia that would prohibit lawyers from seeking damages in personal injury and wrongful death cases in plaintiffs’ complaint. This bill is receiving universal support from everyone in West Virginia. The legislation passed unanimously in both the West Virginia House and Senate. West Virginia Governor Joe Manchin received the bill last week and it has received support of plaintiffs’ lawyers and defense lawyers alike. West Virginia already has a similar law in medical malpractice cases.

In the Maryland Daily Record last week, I read an article about a police brutality or false arrest case (I can’t remember which) in Baltimore. Plaintiffs sued the state of Maryland for $115 million. So, of course, the $115 million was in the title of the article. This is the exact problem that would be eliminated.