Detailed Answer — How long to file a civil assault claim in West Virginia
Under West Virginia law, most civil claims for assault (an intentional personal-injury tort) must be filed within two years from the date of the assault. This two-year deadline is part of West Virginia’s statute of limitations for actions to recover for injuries to the person. See W. Va. Code §55-2-12: https://code.wvlegislature.gov/55/2/12/.
Key points to understand:
- Civil vs. criminal: A civil assault claim is a private lawsuit for compensation (medical bills, pain and suffering, lost wages). Criminal assault charges are separate and brought by the state. You can pursue a civil claim whether or not criminal charges were filed or resulted in conviction.
- When the clock starts: The limitations period usually starts on the date the assault occurred (the date you were physically harmed or put in reasonable fear of harm). If harm or its severity was not discoverable immediately, certain discovery rules may delay the start of the clock in narrow circumstances.
- Minors and tolling: If the injured person is a minor, West Virginia law may toll (pause) the limitations period until the minor reaches the age of majority. That can extend the time to file. The exact tolling rules depend on the circumstances.
- Claims against government entities: Suits against the State of West Virginia, counties, or municipalities often require a short statutory notice period or special pre-suit procedures that differ from the normal two-year rule. Failure to follow those procedures can bar a claim. If the defendant is a government body or employee acting within their official duties, consult an attorney immediately to determine the required notice and deadlines.
- Wrongful death: If the assault resulted in death, wrongful-death statutes apply. Those claims have their own deadlines and procedural rules under West Virginia law (see Chapter 55, Article 7: https://code.wvlegislature.gov/55/7/).
Hypothetical example
Example: Jane is assaulted on March 1, 2024. She has visible injuries and seeks medical care. In most circumstances Jane would need to file a civil lawsuit by March 1, 2026 (two years after the assault). If Jane were a minor at the time, the two-year clock may be tolled until she turns 18, giving her additional time to sue once she reaches majority.
Why deadlines matter
Statutes of limitations exist to encourage prompt pursuit of claims and to preserve reliable evidence. Waiting too long can permanently bar your right to recover money for injuries. Even if you think you have more time, starting the process early protects evidence and preserves legal options.
Helpful Hints
- Preserve evidence now: take photos, save medical records, keep clothing, and get contact info for witnesses.
- Report the incident: file a police report if appropriate and get a copy for your records.
- Seek medical care immediately: prompt treatment documents injuries and strengthens your claim.
- Write a timeline: document what happened, dates, times, locations, and any communications related to the assault.
- Check whether the defendant is a government employee or agency: special notice or shorter deadlines may apply.
- Ask about tolling events: if you were a minor, mentally incapacitated, or the harm was hidden, different rules might extend your deadline.
- Contact a West Virginia personal-injury attorney early: an attorney can confirm the exact deadline that applies to your facts and preserve your rights before time runs out.
- Don’t assume criminal cases protect your civil claim: criminal charges do not extend civil deadlines.
Quick links: West Virginia Code — Actions for injury to person or rights: W. Va. Code §55-2-12. West Virginia Code — Wrongful death provisions: Ch. 55, Art. 7.
Disclaimer: This article explains general West Virginia legal rules and is not legal advice. It does not create an attorney-client relationship. Laws change and every situation is different. For advice tailored to your specific facts, consult a licensed West Virginia attorney as soon as possible.