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West Virginia Statute of Limitations

Wrongful Death

A wrongful death action must be filed within two years of the date of death.

Personal Injury Actions

Personal injury actions must be brought within two years of the date that the injury occurred.

Medical Malpractice Actions

Actions against health care providers—except nursing homes and assisted living facilities, their related entities or employees or a distinct part of an acute care hospital providing intermediate care or skilled nursing care or its employees—must be filed within two years of the date that the act giving rise to the injury occurred or within two years of the date the injury was, or should have been, discovered. An exception for minors is listed below.

Actions against a nursing home, assisted living facility, their related entities or employees or a distinct part of an acute care hospital providing intermediate care or skilled nursing care or its employees must be filed within one year of the date of injury or within one year of the date the injury was, or should have been, discovered. An exception for minors is listed below.

In no event may a medical malpractice action be brought more than 10 years after the date of the injury.

A cause of action for injury to a minor under 10 at the time of the injury must be brought within two years of the date of the injury or prior to the minor’s 12th birthday, whichever provides the longer period. This period is not subject to the 10-year maximum limitation.

Products Liability Actions

Products liability actions must be brought within two years after the plaintiff suffers the injury or within two years of the date the injury was, or should have been, discovered.

Special Rules for Minors

Except in cases of medical malpractice or wrongful death, the statute of limitations begins to run on the minor’s 18th birthday.

Workers' Compensation

A workers' compensation action must be filed within six months from the time you were injured, three years from the time your doctor informs you that you have an occupational disease, or three years from your last exposure to a hazardous work site condition.

Need more information on state laws? Learn more about the laws where you live.