After an Accident, How Long Do I Have to File a Claim in West Virginia?

Following a serious accident, the last thing most people want to worry about is legal action. However, some people have no other options. Personal injury lawsuits are usually pursued in cases of egregious negligence or carelessness leading to an injury requiring extensive medical care and rehabilitation. For example, if someone is injured in a car accident caused by someone else, and that accident leads to quadriplegia, the injured party will need close to 3 million to cover the costs of the injury over the course of his or her lifetime.

While you might not want to think about suing yet, you also have a time limit on your claim. This time limit is called a statute of limitations. Each state has its own laws regarding statutes of limitations for personal injury suits. West Virginia, for example, places a time limit of 2 years on your claim, starting from the date of your accident.

If you haven’t filed a lawsuit within the 2-year window, your case will likely be time-barred. Time-barring prevents you from recovering anything for your injuries via the court system. However, in some cases, the discovery rule may apply. The discovery rule starts the 2-year clock if you haven’t discovered your injury until much later.

For example, mesothelioma takes years to develop after exposure to asbestos. If a worker doesn’t find out his employer exposed him to asbestos until 10 to 20 years after the event, the statute of limitations clock begins on the date he discovers his mesothelioma.

If you or a loved one have been harmed by negligence, don’t hesitate to give our skilled Charleston personal injury attorneys a call. We have more than 40 years of combined legal experience to offer your case. Let us see what we can do for you.

Contact us at (304) 902-4266 or fill out our online form to schedule a free case consultation with us today!

Categories: Personal Injury

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