WEST VIRGINIA’S STATUTE OF LIMITATIONS FOR PERSONAL INJURIES

WEST VIRGINIA’S STATUTE OF LIMITATIONS FOR PERSONAL INJURIES

JANUARY 1, 2021

West Virginia law requires that a lawsuit be filed within a specified period of time, depending on the nature of the claim and the entity that caused the damage. This is known as a statute of limitations.

Physical evidence and the reliability of eyewitness testimonies deteriorate over time, so a limitation on how long a plaintiff can wait before pursuing a case is necessary to ensure the trial is as fair as possible. However, the set length of these limitations vary depending on the type of case and the state it is tried in.

WEST VIRGINIA’S STATUTE OF LIMITATIONS FOR PERSONAL INJURY CASES

In West Virginia, most personal injury actions must be filed within two years from the date the injury occurred. Failure to file within this time will cause you to forfeit your right to pursue a personal injury case.

Here are several things you should know about West Virginia’s statute of limitations for personal injury cases:

• The statute of limitations is a law that establishes the maximum term that the parties have to initiate a judicial proceeding.
• The duration of the time allowed for filing varies according to the type of claim you are bringing.
• The West Virginia Legislature recently reduced the time from permitted to bring a claim against a nursing home.

There are, however, some exceptions which affect the period the statute of limitations covers.

EXCEPTIONS TO THE RULE

In most cases, the date from which the statute of limitations extends is the date the injury occurred. However, there may be exceptions in cases where the injury might not reasonably be discovered until a later date.

For example, mesothelioma is a cancer that often goes undetected for years or even decades after exposure to asbestos. In a mesothelioma case or in cases of other diseases with long-term effects such as this that may not be immediately recognizable, the statute of limitations is tolled until you knew or should have known of the diagnosis.

WEST VIRGINIA STATUTES OF LIMITATIONS FOR OTHER CASES

In addition to West Virginia’s statute of limitations for personal injuries, each type of case will have its own statute of limitations judging when the case is too old to be tried. Here are some of the most common:

Wrongful Death: If someone is killed by the negligence of another, West Virginia law recognizes a claim for wrongful death.

These are damages that you can recover with a wrongful death lawsuit. You can seek compensation for the financial losses you suffered as a result of the death of your loved one. Pecuniary damages can include money for:

• Loss of income and wages,
• Medical expenses,
• Burial and funeral expenses, and
• Emotional damages to the beneficiaries

In West Virginia, the statute of limitations for wrongful death cases is two years. 

Insurance Bad Faith: For any claim against an insurance company alleging bad faith, the insured has one year to file a lawsuit.

Medical Malpractice: An action for medical malpractice must be filed within two years from when the act or omission took place or from the end of the treatment during which the action or omission took place.

Injuries to children: In most instances, the statute of limitation for an injury to a child does not begin to run until the child becomes an adult at age eighteen.  At that point, the statute of limitation begins to run and is typically two years.

It is important to consult an experienced West Virginia personal injury attorney as soon as possible after an injury occurs to ensure that you do not miss a crucial deadline. Preston & Salango, PLLC’s experienced lawyers are prepared to give you the legal assistance you need to achieve the best legal results possible.