WEST VIRGINIA

Negligence / Personal Injury
2 Years 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
Fraud
2 Years 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

Under West Virginia law, claims in tort for negligence, professional negligence, and misrepresentation (fraudulent or negligent) are governed by a two-year statute of limitation. W.Va.Code, 55-2-12 [1959]. Trafalgar House Const., Inc. v. ZMM, Inc., 211 W. Va. 578, 583, 567 S.E.2d 294, 299 (2002)
Toxic Tort
2 Years 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

[w]here a cause of action is based on tort or on a claim of fraud, the statute of limitations does not begin to run until the injured person knows, or by the exercise of reasonable diligence should know, of the nature of his injury, and determining that point in time is a question of fact to be answered by the jury. Perrine v. E.I. du Pont de Nemours & Co., 225 W. Va. 482, 519, 694 S.E.2d 815, 852 (2010)
Wrongful Death
2 Years Every such action shall be commenced within two years after the death of such deceased person, subject to the provisions of section eighteen, article two, chapter fifty-five. The provisions of this section shall not apply to actions brought for the death of any person occurring prior to the first day of July, one thousand nine hundred eighty-eight. W. Va. Code Ann. § 55-7-6
Medical Malpractice
2 Years (a) A cause of action for injury to a person alleging medical professional liability against a health care provider arises as of the date of injury, except as provided in subsection (b) of this section, and must be commenced within two years of the date of such injury, or within two years of the date when such person discovers, or with the exercise of reasonable diligence, should have discovered such injury, whichever last occurs: Provided, That in no event shall any such action be commenced more than ten years after the date of injury. W. Va. Code Ann. § 55-7B-4

Medical Professional Liability Act requires an injured plaintiff to file malpractice claim against health care provider within two years of date of injury, or within two years of date when such person discovers, or with exercise of reasonable diligence, should have discovered such injury, whichever last occurs. Code, 55-7B-4. Gaither v. City Hosp., Inc., 1997, 487 S.E.2d 901, 199 W.Va. 706.W. Va. Code Ann. § 55-7B-4 (West) . Ten-year statute of repose contained in Medical Professional Liability Act is clear statutory prohibition to application of discovery rule. Code, 55-7B-4. Gaither v. City Hosp., Inc., 1997, 487 S.E.2d 901, 199 W.Va. 706
Malpractice (Other Professions)
years
Products Liability
2 Years

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

Discovery:

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)

Municipal Liability/Sovereign Immunity
Not waived but held inapplicable to municipalities, counties, and board of education and state with liability insurance. Damages recoverable up to amount of insurance.
Discovery Rule
Standard rule applies except see medical malpractice above.
Comparative Negligence
Applies, except if plaintiff is 50% or more responsible.
Charitable Immunity
Abolished
Disabilities
SOL runs after disability ends. Infants (18th birthday). Maximum 20 year toll.
Punitive Damages
Allowed where injury is inflicted intentionally or with malice, willfulness or wanton disregard of plaintiff's rights.
Consumer Fraud Complaint
West Virginia Office of the Attorney General, Consumer Protection
http://www.wvago.gov/consumers.cfm
(304) 558-2021(Main Office)
(304) 558-8986 (Consumer Protection Anti-Trust Division)
(800)368-8808 (Toll-free consumer hotline)

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