§55-3-2. Assessment of damages.
If the plaintiff file with the summons a statement of the
profits and other damages which he means to demand, and the jury
find in his favor, they shall at the same time assess the damages
for mesne profits of the premises in suit for any period not
exceeding three years previous to the commencement of the action
until verdict, including any special damages properly chargeable to
the defendant that the plaintiff shall have suffered from detention
of the premises, and also the damages for any destruction or waste
of the buildings or other property during the same time for which
the defendant is chargeable.
Note: WV Code updated with legislation passed through the 2012 1st Special Session