West Virginia Statute of Limitations for Personal Injury
In West Virginia, the statute of limitations for personal injury is 2 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 2 years from accrual.
- Statute: W. Va. Code § 55-2-12.
- Accrues on the date of injury. Discovery rule applies.
What are personal injury claims?
Claims for physical or emotional harm caused by another person's negligence or intentional act.
Details
Accrues on the date of injury. Discovery rule applies.
General West Virginia Rules
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.
Other Statutes of Limitations in West Virginia
Personal Injury in Other States
Frequently Asked Questions
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What is the statute of limitations for personal injury in West Virginia?
The statute of limitations for personal injury in West Virginia is 2 years. Citation: W. Va. Code § 55-2-12.
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When does the clock start for personal injury in West Virginia?
Accrues on the date of injury. Discovery rule applies.
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Can the statute of limitations for personal injury be extended in West Virginia?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.