West Virginia Civil Statute of Limitations Laws

Despite what TV and movies portray, most people are not quick to file suit. If you’re in a car accident, 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.

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 doesn’t have insurance. If this happens, you’ll have no choice but to file a civil lawsuit.

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. These laws impose time limits for filing criminal and civil cases. If you don’t file your personal injury claim before the statute of limitations period expires, you’ll lose your chance to pursue damages.

This article explains how the West Virginia civil statutes of limitations work. It examines the specific limitation periods 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 near you.

Civil Statutes of Limitation Under West Virginia Law

State statutes of limitation laws impose time limits for filing lawsuits and other civil actions. West Virginia’s statutes of limitations vary from one to 10 years, depending on the type of case. This statutory “clock" starts on the date of the injury or, in some cases, the date you discover the harm.

The West Virginia statute of limitations for personal injury and other causes of action exists to ensure fairness and predictability in civil lawsuits. Plaintiffs have a specific amount of time to file their claim for damages. This way, would-be defendants don’t 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.

You must file your claim within the statutory time period, or the court will dismiss your claim. Even if the court doesn’t dismiss it, the defendant will certainly file a Motion to Dismiss based on your claim not being timely.

Statutes of Limitation in West Virginia: Summary

The chart below offers a handy recap of West Virginia's civil statutes of limitations.

West Virginia Civil Statutes of Limitations Code Section

West Virginia Code §55-2-1, et seq.: Limitation of Actions and Suits

West Virginia Statutes of Limitations for Personal Injury Claims (Car accidents, truck accidents, nursing home abuse, etc.)

Two years (W.V. Code § 55-2-12(b))

West Virginia Statutes of Limitations for Libel/Slander

One year (W.V. Code § 55-2-12(c))

West Virginia Statutes of Limitations for Product Liability

Two years (W.Va. Code § 55-2-12)

West Virginia Statutes of Limitations for Fraud

Two years (W.V. Code § 55-2-12)

West Virginia Statutes of Limitations for Personal Property Damage

Two years (W.V. Code § 55-2-12)

West Virginia Statutes of Limitations for Professional Malpractice (Medical malpractice cases, etc.)

Two years (W.V. Code § 55-2-12)

West Virginia Statutes of Limitations for Wrongful Death

Two years from the date of death (W.V. Code § 55-7-6)

West Virginia Statutes of Limitations for Trespass

Two years (W.V. Code § 55-2-12)

West Virginia Statutes of Limitations for Collection of Rents

Five years (W.V. Code § 55-4-21)

West Virginia Statutes of Limitations for Breach of Contract

West Virginia Statutes of Limitations for Collection of Debt on Account

Five years (W.V. Code § 55-2-6)

West Virginia Statutes of Limitations for Foreign Judgments

10 years for foreign judgments (W.V. Code § 55-2-13)

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.

Related FindLaw Resources

Get Legal Help With Your Questions About West Virginia Civil Statute of Limitations

Even if you have a rock-solid case, the judge will dismiss your case if you don't file in time. It's essential to be aware of the statutes of limitations for filing a civil lawsuit. A West Virginia attorney understands these laws and will ensure you file your claim before it's too late.

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