West Virginia Statute of Limitations
Time limits for filing civil lawsuits in West Virginia. The statute of limitations varies by claim type. Once the deadline passes, you generally cannot file suit.
Data last updated: Apr 16, 2026Key Takeaways
- Written Contracts: 10 years (W. Va. Code § 55-2-6).
- Oral Contracts: 5 years (W. Va. Code § 55-2-6).
- Personal Injury: 2 years (W. Va. Code § 55-2-12).
- Property Damage: 2 years (W. Va. Code § 55-2-12).
West Virginia Statute of Limitations by Claim Type
| Claim Type | Time Limit | Statute | Notes |
|---|---|---|---|
| Written Contracts | 10 years | W. Va. Code § 55-2-6 | Accrues on the date of breach. |
| Oral Contracts | 5 years | W. Va. Code § 55-2-6 | Accrues on the date of breach. |
| Personal Injury | 2 years | W. Va. Code § 55-2-12 | Accrues on the date of injury. Discovery rule applies. |
| Property Damage | 2 years | W. Va. Code § 55-2-12 | Accrues when damage occurs. |
| Medical Malpractice | 2 years | W. Va. Code § 55-7B-4 | 2 years from the date of injury or from discovery. 10-year statute of repose. |
| Debt Collection | 10 years | W. Va. Code § 55-2-6 | Written debts: 10 years. Oral debts: 5 years. |
| Fraud | 2 years | W. Va. Code § 55-2-12 | 2 years from discovery of the fraud. |
General Notes for West Virginia
West Virginia provides a long 10-year period for written contract claims and 2 years for most tort claims. Medical malpractice has a 10-year statute of repose. The West Virginia Medical Professional Liability Act requires a pre-suit screening certificate of merit.
Related Resources
- Small claims court in West Virginia
- Free legal aid in West Virginia
- Consumer complaints in West Virginia
Frequently Asked Questions
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What is the statute of limitations for debt in West Virginia?
Written debts have a 10-year statute of limitations, while oral debts have a 5-year limit.
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How long do I have for a personal injury claim in West Virginia?
You have 2 years from the date of injury to file a personal injury lawsuit in West Virginia.
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How does West Virginia handle medical malpractice?
West Virginia requires a pre-suit certificate of merit from a qualified expert before filing a medical malpractice lawsuit. The statute of limitations is 2 years from injury or discovery, with a 10-year statute of repose.