West Virginia Statute of Limitations Calculator

Rules cited to West Virginia’s statutes and case lawRules checked How we calculate

Fault rule50% barYou recover only if you are less than 50% at fault. The award is cut by your share.W. Va. Code § 55-7-13a
Filing deadline2 yearsPersonal injury. Wrongful death: 2 years.W. Va. Code § 55-2-12
Minimum insurance25/50/25Per person, per crash, property. West Virginia is an at-fault state.
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

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Enter the date of the injury and this calculator works out the last day to file an injury lawsuit in West Virginia. It uses West Virginia’s general two-year deadline and the two-year wrongful death deadline.

The date it gives is the general rule. Exceptions can pause or shorten the clock, and claims against government agencies need notice far sooner. If your date is close, call a lawyer this week.

West Virginia filing deadlines

Personal injury. The general deadline is two years from the date of the injury.

Wrongful death. Families usually have two years, counted from the date of death.

Minors. Most states pause the deadline for an injured child until the child turns 18, though medical malpractice and government claims often follow shorter rules. Check how this applies before relying on it.

Government claims. A claim against a city, county, school district or state agency usually requires a written notice of claim within months, long before the lawsuit deadline.

West Virginia filing deadline questions

What is the statute of limitations for personal injury in West Virginia?

two years from the date of the injury (W. Va. Code § 55-2-12).

Is the deadline different for car accidents in West Virginia?

No. Car accident injury claims follow the same two years deadline.

How long do I have to file a wrongful death claim in West Virginia?

Usually two years from the date of death.

What happens if I miss the deadline?

The court will almost always dismiss the case, and the insurer no longer has a reason to settle. A few exceptions can pause the clock, such as the injured person being a minor, so talk to a lawyer quickly if the date is close or has passed.