{"id":377191,"date":"2016-03-31T21:37:16","date_gmt":"2016-04-01T02:37:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/west-virginia-law\/west-virginia-civil-statute-of-limitations-laws.html"},"modified":"2025-05-23T12:58:43","modified_gmt":"2025-05-23T17:58:43","slug":"west-virginia-civil-statute-of-limitations-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/west-virginia-law\/west-virginia-civil-statute-of-limitations-laws.html","title":{"rendered":"West Virginia Civil Statute of Limitations Laws"},"content":{"rendered":"\n
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West Virginia Civil Statute of Limitations Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Despite what TV and movies portray, most people are not quick to file suit. If you\u2019re in a car accident<\/a>, your focus is first on trying to get the insurance company to pay your claim. The same is true if you suffer a slip and fall.<\/p>\r\n

Unfortunately, there are times when a claim doesn’t go your way. The insurance adjustor can deny your accident claim. Maybe the person responsible for your personal injuries<\/a> doesn\u2019t have insurance. If this happens, you\u2019ll have no choice but to file a civil lawsuit.<\/p>\r\n

In West Virginia, as in every other state, you only have a certain amount of time to file a civil action. This is because every state has something called a statute of limitations<\/a>. These laws impose time limits for filing criminal and civil cases. If you don\u2019t file your personal injury claim before the statute of limitations period expires, you\u2019ll lose your chance to pursue damages.<\/p>\r\n

This article explains how the West Virginia civil statutes of limitations work. It examines the specific limitation periods<\/a> for the most common types of civil claims. If you still have questions about your personal injury case, refer to the FindLaw resources at the end of this article. You can also reach out to an experienced personal injury attorney<\/a> near you.<\/p>\r\n

Civil Statutes of Limitation Under West Virginia Law<\/b><\/h2>\r\n

State statutes of limitation<\/a> laws impose time limits for filing lawsuits and other civil actions. West Virginia\u2019s statutes of limitations vary from one to 10 years, depending on the type of case. This statutory \u201cclock" starts on the date of the injury or, in some cases, the date you discover the harm.<\/p>\r\n

The West Virginia statute of limitations for personal injury and other causes of action exists to ensure fairness and predictability in civil lawsuits<\/a>. Plaintiffs have a specific amount of time to file their claim for damages<\/a>. This way, would-be defendants don\u2019t have to have the threat of a lawsuit hanging over their heads forever. West Virginia laws on filing deadlines also help ensure that factfinders determine liability using reliable and credible evidence.<\/p>\r\n

You must file your claim within the statutory time period, or the court will dismiss your claim. Even if the court doesn\u2019t dismiss it, the defendant will certainly file a Motion to Dismiss<\/a> based on your claim not being timely.<\/p>\r\n

Statutes of Limitation in West Virginia: Summary<\/b><\/h2>\r\n

The chart below offers a handy recap of West Virginia’s civil statutes of limitations.<\/p>\r\n\r\n

West Virginia Civil Statutes of Limitations Code Section<\/p>\r\n<\/b><\/th>\r\n

West Virginia Code \u00a755-2-1<\/a>, et seq.: Limitation of Actions and Suits<\/p>\r\n<\/td>\r\n<\/tr>

West Virginia Statutes of Limitations for Personal Injury Claims (Car accidents, truck accidents, nursing home abuse, etc.)<\/p>\r\n<\/b><\/th>\r\n

Two years (W.V. Code \u00a7 55-2-12(b)<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

West Virginia Statutes of Limitations for Libel\/Slander<\/p>\r\n<\/b><\/th>\r\n

One year (W.V. Code \u00a7 55-2-12(c)<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

West Virginia Statutes of Limitations for Product Liability<\/p>\r\n<\/b><\/th>\r\n

Two years (W.Va. Code \u00a7 55-2-12<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

West Virginia Statutes of Limitations for Fraud<\/p>\r\n<\/b><\/th>\r\n

Two years (W.V. Code \u00a7 55-2-12<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

West Virginia Statutes of Limitations for Personal Property Damage<\/p>\r\n<\/b><\/th>\r\n

Two years (W.V. Code \u00a7 55-2-12<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

West Virginia Statutes of Limitations for Professional Malpractice (Medical malpractice cases, etc.)<\/p>\r\n<\/b><\/th>\r\n

Two years (W.V. Code \u00a7 55-2-12<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

West Virginia Statutes of Limitations for Wrongful Death<\/p>\r\n<\/b><\/th>\r\n

Two years from the date of death (W.V. Code \u00a7 55-7-6<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

West Virginia Statutes of Limitations for Trespass<\/p>\r\n<\/b><\/th>\r\n

Two years (W.V. Code \u00a7 55-2-12<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

West Virginia Statutes of Limitations for Collection of Rents<\/p>\r\n<\/b><\/th>\r\n

Five years (W.V. Code \u00a7 55-4-21<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

West Virginia Statutes of Limitations for Breach of Contract<\/p>\r\n<\/b><\/th>\r\n

West Virginia Statutes of Limitations for Collection of Debt on Account<\/p>\r\n<\/b><\/th>\r\n

Five years (W.V. Code \u00a7 55-2-6<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

West Virginia Statutes of Limitations for Foreign Judgments<\/p>\r\n<\/b><\/th>\r\n

10 years for foreign judgments (W.V. Code \u00a7 55-2-13<\/a>)<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, seek legal advice from an experienced attorney or conduct legal research to verify your state laws.<\/i><\/p>\r\n

Related FindLaw Resources<\/b><\/h2>\r\n