West Virginia's Statute of Limitations

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West Virginia's 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 ten 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.

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.