What is the Statute of Limitations in West Virginia for Personal Injury?

Every state has a statute of limitations that restricts the time frame in which an individual can file a personal injury claim or lawsuit to seek compensation. In the state of West Virginia the statute of limitations for personal injury cases is 2 years from the date of the injury. While there are specific circumstances which may allow for a personal injury claim to be made after the 2 year time period has passed, it is important that you secure legal representation as soon as possible after your accident so that you do not end up putting your eligibility to recover damages in jeopardy.

This statute of limitations applies to almost all types of personal injury cases including those involving medical malpractice or product liability. In cases where an individual has died as a result of a personal injury accident, his or her family has two years from the date of death in which to pursue legal action. The statute of limitations for injuries caused to a minor under the age of 18 will not go into effect until the minor's 18th birthday. For example, if a 15-year-old boy sustains serious injuries in a car accident, the statute of limitations will expire on the minor's 20th birthday, or 2 years after he turns 18. If you wish to pursue a legal action in a medical malpractice case involving a minor under the age of 8, that action must be taken prior to the child's 10th birthday. If the child is older than 8, a lawsuit or claim must be filed within 2 years of the date of the medical procedure or act that caused the injury.

Experienced Charleston Personal Injury Lawyers Can Help

If you or a loved one has been involved in an accident and you want to file a lawsuit or claim to recover damages for the injuries you sustained, we advise you contact our firm to acquire legal representation at once. The personal injury attorneys here at Preston & Salango, PLLC have more than 40 years collective experience practicing law and we have helped recover millions of dollars in settlements and verdicts on behalf of our clients. One of our founding partners has received an AV Preeminent® Rating by Martindale-Hubbell®, and has been certified as a lifetime member of the Multi-Million Dollar Advocates Forum®. We also have attorneys who have been selected for inclusion in the Super Lawyers® Rising Stars℠ list of 2012 and 2013. If you want to increase your chances of being able to recover the damages you are eligible to receive, we are here to help.

Contact a Charleston personal injury attorney at our firm now so that we can begin preparing your case.

Categories: Personal Injury

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