Statute of Limitations in West Virginia
State-specific overview · Contract Law
West Virginia sets a two-year limit for personal injury claims and a five-year limit for written contracts.
How West Virginia treats Statute of Limitations
West Virginia Code § 55-2-6 establishes a two-year statute of limitations for personal injury, assault, and tort actions from the date of injury. Written contract claims have a five-year deadline under § 55-2-5. The state recognizes the discovery rule in certain cases, particularly medical malpractice, where the clock may start when the injury is discovered rather than when it occurred. Minors and persons of unsound mind receive tolling extensions.
The general definition of Statute of Limitations
A law setting the maximum time period within which a lawsuit can be filed after an injury or breach occurs.
Every type of legal claim has a deadline. Once that deadline passes, you lose the right to sue, even if you have a valid claim. The statute of limitations varies depending on the type of case—contract disputes might have a different deadline than personal injury claims, for example. These time limits exist to protect defendants from being sued years or decades after an event, when evidence may be lost and memories fade. Once the deadline expires, the claim is essentially dead, and courts will dismiss any lawsuit filed after that point.
Read the full Statute of Limitations entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in West Virginia.