Disclaimer: This information is for educational purposes and does not constitute legal advice.
Detailed Answer
West Virginia law generally gives you two years from the date of an accident to file a personal injury lawsuit. This time limit, called the statute of limitations, appears in West Virginia Code §55-2-12. If you file after that deadline, a court will likely dismiss your case and bar any recovery.
The “clock” begins on the day you suffer injury—typically the accident date. West Virginia courts rarely delay that start date for ordinary negligence claims, so your filing window usually ends exactly two years later.
For minors or those under legal disability, the statute tolls (pauses) until the disability ends. A minor has two years from his or her 18th birthday to file a claim.
Claims against state or local government follow special rules. You must file a notice of claim—often within 180 days or one year—before suing a public entity. See West Virginia Code §29-12A-5 for municipal notice requirements.
Helpful Hints
- Note the accident date plus two years on your calendar.
- Consult an attorney early to confirm deadlines and exceptions.
- Collect witness statements and photographs promptly.
- Preserve all medical records and treatment dates.
- Follow notice-of-claim rules when suing a government body.