The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In some instances, there are various exceptions to the statutes of limitation that may extend or limit the limitation periods. There may be special claims presentation requirements for claims against state and local government. For these reasons, it is important to consult an attorney as early as possible to be sure you don't miss a crucial deadline.
In West Virginia, most actions for personal injury must be brought within two years from the date when the cause of action accrues. This would encompass actions for injuries resulting from automobile accidents, premises liability, medical malpractice and product liability. There are other incidents that may have longer or shorter limitation periods. In many cases, the cause of action accrues on the date of the incident, but there may be exceptions when the injury could not have reasonably been discovered until a later date. An action for wrongful death must be commenced within two years from the date of death. If a claimant is a minor or insane at the time the cause of action accrues, the limitation periods are extended.
