WVC 55 - 7 B- 9 A
§55-7B-9a. Reduction in compensatory damages for economic losses
for payments from collateral sources for the same
(a) In any action arising after the effective date of this
section, a defendant who has been found liable to the plaintiff for
damages for medical care, rehabilitation services, lost earnings or
other economic losses may present to the court, after the trier of
fact has rendered a verdict, but before entry of judgment, evidence
of payments the plaintiff has received for the same injury from
(b) In a hearing held pursuant to subsection (a) of this
section, the defendant may present evidence of future payments from
collateral sources if the court determines that:
(1) There is a preexisting contractual or statutory obligation
on the collateral source to pay the benefits;
(2) The benefits, to a reasonable degree of certainty, will be
paid to the plaintiff for expenses the trier of fact has determined
the plaintiff will incur in the future; and
(3) The amount of the future expenses is readily reducible to
a sum certain.
(c) In a hearing held pursuant to subsection (a) of this
section, the plaintiff may present evidence of the value of
payments or contributions he or she has made to secure the right to
the benefits paid by the collateral source.
(d) After hearing the evidence presented by the parties, the court shall make the following findings of fact:
(1) The total amount of damages for economic loss found by the
trier of fact;
(2) The total amount of damages for each category of economic
loss found by the trier of fact;
(3) The total amount of allowable collateral source payments
received or to be received by the plaintiff for the medical injury
which was the subject of the verdict in each category of economic
(4) The total amount of any premiums or contributions paid by
the plaintiff in exchange for the collateral source payments in
each category of economic loss found by the trier of fact.
(e) The court shall subtract the total premiums the plaintiff
was found to have paid in each category of economic loss from the
total collateral source benefits the plaintiff received with regard
to that category of economic loss to arrive at the net amount of
collateral source payments.
(f) The court shall then subtract the net amount of collateral
source payments received or to be received by the plaintiff in each
category of economic loss from the total amount of damages awarded
the plaintiff by the trier of fact for that category of economic
loss to arrive at the adjusted verdict.
(g) The court may not reduce the verdict rendered by the trier
of fact in any category of economic loss to reflect:
(1) Amounts paid to or on behalf of the plaintiff which the collateral source has a right to recover from the plaintiff through
subrogation, lien or reimbursement;
(2) Amounts in excess of benefits actually paid or to be paid
on behalf of the plaintiff by a collateral source in a category of
(3) The proceeds of any individual disability or income
replacement insurance paid for entirely by the plaintiff;
(4) The assets of the plaintiff or the members of the
plaintiff's immediate family; or
(5) A settlement between the plaintiff and another tortfeasor.
(h) After determining the amount of the adjusted verdict, the
court shall enter judgment in accordance with the provisions of
section nine of this article.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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