What is the statute of limitation when a child is injured in West Virginia?

West Virginia law requires that a lawsuit be filed within a specified period of time.  This is known as the statute of limitation. The time limit varies depending on the nature of the claim and the entity that caused the damage. This is known as a statute of limitations. Generally, in personal injury cases, the statute of limitations is two years from the date of the injury or death, or when the injured party knows or should have known of the injury.

There are exceptions to the statute of limitations in some instances including injuries to children. For children, the statute of limitations does not begin to run until the child reaches the age of majority.  That is, the statute of limitation does not begin until the child turns 18 years old.  He or she will then have two years from age 18 to file a lawsuit.

The rule is different in medical negligence or medical malpractice cases. West Virginia Code 55-7B-4(c), requires that a lawsuit alleging an injury to child under the age of 10 be commenced by the child’s twelfth birthday. One trial court has declared this provision unconstitutional but it is worth noting that a special statute of limitation may apply to children under the age of 10 who are injured by a healthcare provider.

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.

Please call (304) 342-0512 today for a free consultation. Preston & Salango serves Charleston, Beckley, Clarksburg, Huntington, Morgantown, and all of West Virginia.

Categories: Car Accidents, Medical Malpractice, Personal Injury

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