Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

WEST VIRGINIA

Negligence / Personal Injury

2 years with Discovery Rule.

Wrongful Death

2 years

Medical Malpractice

2 years with Discovery Rule. SOR: 10 years from date of occurrence. Minors: under 10 have 2 years from injury or age 12, whichever is longer.

Malpractice (Other Professions)

2 years

Products Liability

2 years with Discovery Rule.

Intentional Torts

2 years

Municipal Liability/Sovereign Immunity

120 days to file notice of claim. 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 or death. Infants (18th birthday).  Maximum 20 year toll. SOL does not run during absence or concealment of defendant

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.wvs.state.wv.us/wvag/
(304) 558-2021 (Main Office)
(304) 558-8986 (Consumer Protection Anti-Trust Division)
(800)368-8808 (Toll-free consumer hotline)