What Is the Statute of Limitations for Personal Injury in West Virginia?
In West Virginia, the statute of limitations for personal injury is generally 2 years under W. Va. Code § 55-2-12(b).
Personal injury Deadlines in West Virginia
How long do you have to file a personal injury claim in West Virginia?
In West Virginia, the statute of limitations for personal injury is generally 2 years under W. Va. Code § 55-2-12(b).
When does the clock start for personal injury in West Virginia?
Two years for personal injury.
Can the West Virginia deadline for personal injury be extended?
For a tort claim the period starts when the cause of action arises and the plaintiff knows, or by reasonable diligence should know, of the injury and its cause. Section 55-2-15 gives eighteen years after reaching adulthood for sexual abuse claims.
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 personal injury?
West Virginia's 2 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for personal injury ranges from 1 year to 6 years, and 2 years is the most common. Compare all states →
What Does Personal Injury Cover?
Situations that typically fall under the personal injury deadline in West Virginia:
