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

WEST VIRGINIA

Negligence / Personal Injury

2 Years 2 years with Discovery Rule.

Products Liability

2 Years 2 years with Discovery Rule.

Wrongful Death

2 Years 2 years

Medical Malpractice

2 years with Discovery Rule but no more than 10 years from date of occurrence. Minors: under 10 have 2 years from injury or age 12, whichever is longer.

Discovery Rule

Standard rule applies except see medical malpractice above.

Disabilities

SOL runs after disability ends. Infants (18th birthday).  Maximum 20 year toll.

Charitable Immunity

Abolished.

Comparative Negligence

Applies, except if plaintiff is 50% or more responsible.

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.

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
(304) 558-2021 (Main Office)
(304) 558-8986 (In-state Consumer Hotline)