What Is the Statute of Limitations for Assault And Battery in West Virginia?
In West Virginia, the statute of limitations for assault and battery is generally 2 years under W. Va. Code § 55-2-12(b).
Assault and battery Deadlines in West Virginia
How long do you have to file a assault and battery claim in West Virginia?
In West Virginia, the statute of limitations for assault and battery is generally 2 years under W. Va. Code § 55-2-12(b).
When does the clock start for assault and battery in West Virginia?
Two years, under the personal injury limb.
Can the West Virginia deadline for assault and battery be extended?
The survivability test in subsection (c) is what separates assault and battery (two years) from defamation (one year) in West Virginia. A criminal prosecution does not pause the civil clock.
Is the deadline different if the claim is against the government in West Virginia?
Often, yes. Generally 2 years; political subdivision limits apply under W. Va. Code §§ 29-12A-6, 55-2-12. The West Virginia Governmental Tort Claims and Insurance Reform Act, ch. 29-12A, governs claims against political subdivisions and sets a two-year period in § 29-12A-6, alongside immunity provisions and damages caps. West Virginia does not impose a short unive…
How does West Virginia compare to other states for assault and battery?
West Virginia's 2 years is in the middle of the range nationally. Across the 49 jurisdictions with a verified figure, the deadline for assault and battery ranges from 1 year to 6 years, and 2 years is the most common. Compare all states →
What Does Assault & Battery Cover?
Situations that typically fall under the assault and battery deadline in West Virginia:
