The West Virginia Statute of Limitations for civil actions sets a time limit after an injury or civil wrong occurs, during which an injured party can file a lawsuit. After that period of time expires, the injured party is no longer permitted to file a claim in a West Virginia state court to litigate that matter. The statute ensures that lawsuits that have merit and worthy of being heard are filed within a reasonable time or not at all.
How Does the Statute of Limitations Operate?The period of time to file a claim will vary depending upon the type of incident that occurred. A claim against a doctor for medical malpractice may be for a different length of time than against an accountant for negligence or fraud. The West Virginia statute of limitations can generally be found within the West Virginia Code, Chapter 55, Article 2 and covers the following rules and exceptions in greater detail.
When does the West Virginia Statute of Limitations Begin?Other than for specific exceptions, the West Virginia statute of limitations generally begins to run at the time when a "cause of action arises" - in other words, at the time when an injury occurs that would qualify for a lawsuit to be filed in a West Virginia state court.
What is the Discovery Rule?There are times when a person is unable to discover that they have been injured. For example, fraud that is concealed by an accountant and is not easily discoverable or a medical condition resulting from a doctor's misdiagnosis that can only be detected after the patient's health deteriorates. It wouldn't be fair or reasonable to require the injured party to file a lawsuit when they could not have detected the injury. As a result, in some instances the West Virginia statute of limitations begins to run from the time the injured party discovers or should have discovered that they have been injured.
Delaying or Tolling the West Virginia Statute of LimitationsIn certain circumstances, fairness would require that the statute of limitations be delayed for a period of time. A party may not have the ability to bring a case even though they are aware of an injury or damages. Delaying or "tolling" the statute of limitations typically occurs when the plaintiff is "disabled" - such as a minor child or a person who is mentally incompetent or bankrupt. Once the disability ends, the statute of limitations begins to run.
Calculating the length of time that a plaintiff has to file a lawsuit is complicated and involves many factors and exceptions. Parties that have suffered significant injuries or damages may wish to consult with a West Virginia attorney to ensure that all claims and notices are filed within the time limits set forth by law.
Personal Injury and Negligence2 years, generally with Discovery Rule.
Wrongful Death2 years.
Medical Malpractice2 years, generally with Discovery Rule but not more than 10 years from the date of the occurrence. Minors under age 10 have extended time, see the statute for more information.
Legal and Professional Malpractice2 years.
Products Liability2 years.
Assault and Battery2 years.
False Imprisonment1 year.
ContractsWritten contracts 10 years. Oral contracts 5 years.
Personal Property Damages3 years.
Libel / Slander / Defamation1 year from the date of publication (or the date when spoken).
Debt Collection Accounts
Collection of Rent5 years.
Judgment Enforcement10 years.
Liability of State and MunicipalitiesSovereign immunity not waived but many limits apply.
Consumer Fraud ComplaintsWest Virginia Office of the Attorney General
Telephone: (304) 558-2021
Toll Free: 800-368-8808 (consumer protection)
Consumer Protection: (304) 558-8986
Please Take Note: The statute of limitations laws presented are strictly provided to you “as-is”. While we believe that the legal information is accurate as of the date created, we cannot and do not provide any guarantee, analysis or conclusions. The law may have changed since this article was published. The only way to ensure that the statute of limitations law you are reading is up to date and applies to your specific issue, is to have a legal consultation with an attorney licensed to practice law in the state of West Virginia.
- West Virginia
- Lawsuits, Disputes:
- Statute Of Limitations
Statute of Limitations West Virginia Statute of Limitations, Civil Actions
By Michael Wechsler |
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