West Virginia Personal Injury Statute of Limitations

The Statute of limitations is the deadline for filing a personal injury lawsuit in court. In West Virginia, missing this deadline almost always means the claim is permanently barred — no matter how strong the evidence, how severe the injury, or how clear the defendant's fault.

The general personal injury statute of limitations in West Virginia is 2 years from the date of injury. This covers negligence claims arising from car accidents, slip and falls, defective products, and other incidents causing bodily harm.

Two years for personal injury. W. Va. Code § 55-2-12.

Wrongful death claims must be filed within 2 years of the date of death — not the date of the negligent act that ultimately caused death. Two years from date of death.

Medical malpractice claims in West Virginia have specific deadline rules that may differ from the general personal injury statute.

2 years from discovery; 10-year repose. Noneconomic damages capped (§55-7B-8). Pre-suit screening certificate required.

West Virginia recognizes a discovery rule — the statute of limitations may start when the injury was discovered (or should have been discovered through reasonable diligence) rather than when the negligent act occurred.

This is particularly important in cases where injuries are not immediately apparent: medical malpractice (a foreign object left during surgery), toxic exposure, or defective products that cause progressive harm.

Medical malpractice: 2 years from date of injury or discovery; absolute 10-year repose.

A statute of repose sets an absolute outer deadline — it cannot be extended by the discovery rule, tolling, or any other exception. In West Virginia, the repose period is 10 years from the date of the act or omission.

Ten-year absolute statute of repose for medical malpractice from date of act or omission.

Certain circumstances may pause (toll) the statute of limitations, effectively extending the filing deadline:

• Minority — if the injured person is under 18, the statute of limitations is typically tolled until they reach the age of majority. A parent or guardian can file on the minor's behalf before then.
• Mental incapacity — if the injured person is mentally incapacitated at the time of injury, the clock may not start until capacity is restored
• Defendant absence from the state — if the defendant leaves West Virginia, the time away may not count toward the limitations period
• Fraudulent concealment — if the defendant actively concealed the injury or the cause of harm, the clock may be tolled until discovery

Claims against West Virginia government entities have separate, shorter notice requirements that must be satisfied before a lawsuit can be filed: Written notice within 2 years, but no formal pre-suit notice requirement for the period of limitations.

West Virginia Governmental Tort Claims and Insurance Reform Act. Government entities retain qualified immunity; liability waived for negligent acts of employees in scope of employment. Noneconomic loss capped at $500,000 in favor of any one person (§29-12A-7); no cap on economic loss.