Every personal action for which no limitation is otherwise prescribed shall be brought: (a) Within two years next after the right to bring the same shall have accrued, if it be for damage to property; (b) within two years next after the right to bring the same shall have accrued if it be for damages for personal injuries; and (c) within one year next after the right to bring the same shall have accrued if it be for any other matter of such nature that, in case a party die, it could not have been brought at common law by or against his personal representative. W. Va. Code Ann. § 55-2-12
A cause of action for medical monitoring lies in tort. According to W.Va.Code § 55-2-12 (1959), the statute of limitation applicable to tort actions in West Virginia, “[e]very personal action for which no limitation is otherwise prescribed shall be brought ... within two years next after the right to bring the same shall have accrued if it be for damages for personal injuries [.]” This Court has held that “[g]enerally, a cause of action accrues (i.e., the statute of limitations begins to run) when a tort occurs; under ‘the discovery rule,’ the statute of limitations is tolled until a claimant knows or by reasonable diligence should know of his claim.” Syllabus Point 1, Cart v. Marcum, 188 W.Va. 241, 423 S.E.2d 644 (1992). Further,In products liability cases, the statute of limitations begins to run when the plaintiff knows, or by the exercise of reasonable diligence should know, (1) that he has been injured, (2) the identity of the maker of the product, and (3) that the product had a causal relation to his injury.
State of W. Virginia ex rel. Chemtall Inc. v. Madden, 216 W. Va. 443, 455, 607 S.E.2d 772, 784 (2004)
59 Maiden Lane, 6th Floor
New York, NY 10038
6 Harbor Park Drive
Port Washington, NY 11050
375 Cedar Lane
Teaneck, NJ 07666
27300 Riverview Center Blvd., Suite 103
Bonita Springs, Florida 34134-4316
© 2015 Parker Waichman LLP
1-800-LAW INFO (1-800-529-4636)
Please note that you are not considered a client until you have signed a retainer agreement and your case has been accepted by us.
Prior results do not guarantee or predict a similar outcome with respect to any future matter.