West Virginia Statute of Limitations (2026)
Civil filing deadlines in West Virginia under W. Va. Code ch. 55 — two years for injury and property, but ten years on a signed written contract, one of the widest spreads in the country.
✓ Last verified: Sep 2026
Common Questions About West Virginia Deadlines
What is the statute of limitations in West Virginia?
It depends on the type of claim. West Virginia filing deadlines range from 1 year to 10 years — for example, personal injury 2 years, breach of a written contract 10 years, medical malpractice 2 years, defamation 1 year.
How long do you have to file a personal injury lawsuit in West Virginia?
2 years under W. Va. Code § 55-2-12(b). Two years for personal injury. Full personal injury rules →
What is the statute of limitations for wrongful death in West Virginia?
2 years under W. Va. Code § 55-7-6(d). Two years from the date of death, not the date of the injury that caused it. Full wrongful death rules →
What is the statute of limitations for medical malpractice in West Virginia?
2 years under W. Va. Code § 55-7B-4(a). Two years from the injury or from discovery, whichever is later, but in no event more than ten years after the date of the medical injury. Full medical malpractice rules →
What is the statute of limitations for breach of contract in West Virginia?
10 years under W. Va. Code § 55-2-6. Ten years on a signed written contract — among the longest in the country, and five times what West Virginia gives personal injury. Full breach of a written contract rules →
How long do you have to sue for defamation in West Virginia?
1 year under W. Va. Code § 55-2-12(c). One year — defamation lands in subsection (c) because it is a claim that would not survive the death of a party at common law. Full defamation rules →
What is the statute of limitations for property damage in West Virginia?
2 years under W. Va. Code § 55-2-12(a). Two years for damage to property, on the same clock as personal injury. Full property damage rules →
Do you have to notify the government before suing in West Virginia?
Often, yes. Generally 2 years; political subdivision limits apply under W. Va. Code §§ 29-12A-6, 55-2-12. This is usually much shorter than the ordinary deadline.