West Virginia Statutes of Limitations

Being charged with a crime doesn’t mean that your civil rights vanish. All states have statutes of limitations – laws that impose time limits for filing criminal charges or civil cases. These time limits help ensure the integrity of the justice system and prevent juries from making decisions based on stale evidence.

These laws also ensure that would-be defendants don’t have to look over their shoulders for years (or decades), waiting for someone to commence legal action. For most offenses or injury claims, there’s a set time limit for filing.

This article explains how the West Virginia statute of limitations applies to criminal and civil cases. It also provides helpful links to articles and resources on this topic.

Understanding West Virginia Statutes of Limitations

The West Virginia Code specifies the amount of time plaintiffs and prosecutors have to commence legal action. These laws dictate the statutes of limitations periods for criminal charges and civil cases. The statutes are different, often based on the level the injury or the seriousness of the crime.

West Virginia Civil Statute of Limitations

• West Virginia’s civil statutes of limitations, which are often two years, set a time limit for individuals to file personal injury claims or other types of civil actions. There are specific filing deadlines for the following causes of action:
  • Personal injury
  • Medical malpractice
  • Wrongful death
  • Car accident claims
  • Legal Malpractice
  • Product liability
  • Personal property damage
  • Nursing home abuse
  • Truck accidents
  • Other torts
• If either you or your personal injury attorney fails to file your claim within the requisite time period, the court will dismiss your complaint. The limitations period starts on the date of the injury or accident. There are very few exceptions, the most important of which is the discovery rule. Under this rule, the court will toll the statute of limitations period until the plaintiff discovers, or should have discovered, their injury. This rule mainly applies to cases involving latent injuries, such as mesothelioma and asbestosis claims.

West Virginia Criminal Statute of Limitations

• West Virginia criminal statute of limitations, addressed in the W.V. Code, dictate how long prosecutors have to file criminal charges in the state of West Virginia. If the state doesn’t pursue criminal charges within the statutory time frame, it loses the chance to do so.

Disclaimer: State laws constantly change. FindLaw does its best to update state laws regularly, but they may not always reflect recent changes. Contact a local attorney or conduct legal research to verify your state laws.

West Virginia Statutes of Limitations Articles

• West Virginia Civil Statute of Limitations Laws
• West Virginia Criminal Statute of Limitations Laws

West Virginia Law: Related Research

• West Virginia Accident and Injury Laws
• West Virginia Business Laws
• West Virginia Civil Rights Laws
• West Virginia Consumer Laws
• West Virginia Criminal Laws
• West Virginia Education Laws
• West Virginia Employment Laws
• West Virginia Estate Planning Laws
• West Virginia Family Laws
• West Virginia Gambling and Lotteries Laws
• West Virginia Health Care Laws
• West Virginia Property and Real Estate Laws
• West Virginia Statutes of Limitations
• West Virginia Tax Laws

Need Help With Statutes of Limitations in West Virginia? Talk With an Attorney

If you have questions about West Virginia’s statutes of limitations, consider contacting an experienced attorney. Legal advice from a skilled West Virginia personal injury attorney can set you on the right path for filing civil claims, and a free case evaluation will show you if it’s worth pursuing.

If you’re worried the state will file criminal charges against you, a West Virginia criminal defense lawyer will ensure the state doesn’t attempt to arrest you after the statute of limitations period expires. They can also help you plan a defense and stand with you in court.