West Virginia Statutes of Limitations

NOTE: Due to the COVID-19 pandemic, all statutes of limitations and repose set to expire between March 23 and May 15, 2020, were extended to May 18. Some delays are possible as the courts work through the backlog.

What Is the Statute of Limitations in WV?

For most types of civil cases, the statute of limitations in West Virginia is two years. Most misdemeanor criminal charges must be filed within a year, while felonies have no statute of limitations.

What Is the Statute of Limitations in West Virginia for Personal Injury and Negligence Claims?

The statute of limitations in West Virginia for personal injury claims is two years from the date of the incident in question.

“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

Fraud claims are governed by the same statute of limitations as negligence and personal injury actions.

“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

Toxic tort claims are also covered by the same statute as personal injury cases.

“Where 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))

West Virginia Wrongful Death Statute of Limitations: How Long Do You Have to Sue?

The West Virginia wrongful death statute of limitations is two years. This means that you have two years from the day the person died to file a legal claim.

“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)

What Is the Medical Malpractice Statute of Limitations in West Virginia?

The statute of limitations in WV on medical malpractice claims is two years. That two-year limit starts from either the date the person was injured or the date on which they discovered the injury.

“(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

The ten-year statute of repose contained in the Medical Professional Liability Act is a clear statutory prohibition to application of the discovery rule. (Gaither v. City Hosp., Inc., 1997, 487 S.E.2d 901, 199 W.Va. 706)

Product 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 Rule

“In product 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. Mapen, 216 W.Va. 443, 455, 607 S.E.2d 772, 784 (2004))

Municipal Liability/Sovereign Immunity

West Virginia retains the right to sovereign immunity, but it does not apply to local municipalities, counties, and boards of education and state with liability insurance. Damages are recoverable up to the amount of insurance coverage.

Discovery Rule

The discovery rule applies in most cases.

West Virginia Negligence Law: Is West Virginia a Comparative Negligence State?

West Virginia is a modified comparative negligence state. This means that if the plaintiff is more than 50% to blame for their injuries, they cannot recover damages; if they are less than 50% to blame, the award is reduced by their percentage of fault.

Is WV an At-Fault State?

Yes: West Virginia does not have a no-fault law.

Charitable Immunity

West Virginia does not offer immunity to charitable organizations.

Legal Disabilities

In cases involving plaintiffs with a legal disability, the statute of limitations runs from when this disability ends. For children, this is their 18th birthday. This rule can delay the running of a statute of limitations for a maximum of 20 years.

Punitive Damages

Punitive damages are allowed in cases where injury is inflicted intentionally or with malice, willfulness or wanton disregard of the plaintiff’s rights.

Consumer Fraud Complaints

The Office of the Attorney General’s Consumer Protection Division accepts consumer fraud complaints online or by mail or email. You can also call the Consumer Protection Hotline at 1-800-368-8808 for assistance.

Frequently Asked Questions About the Statute of Limitations in West Virginia