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 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. 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.

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

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