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Home » US Law » 2022 West Virginia Code » Chapter 55. Actions, Suits and Arbitration; Judicial Sale » Article 7B. Medical Professional Liability » §55-7B-9a. Reduction in Compensatory Damages for Economic Losses for Payments From Collateral Sources for the Same Injury

(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 collateral sources.

(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;