In West Virginia, understanding the statute of limitations for car accident claims is crucial for protecting your legal rights and securing the compensation you deserve.
Personal Injury Claims
Under West Virginia Code § 55-2-12(b), “every action to recover damages for personal injuries shall be brought within two years after the right to bring the same shall have accrued.” This means that if you suffered an injury in a car accident, you have exactly two years from the date of the collision to file a personal injury lawsuit against the responsible party.
This includes injuries such as broken bones, spinal cord injuries, traumatic brain injuries, or any physical harm caused by the crash. Filing a lawsuit after the two-year period will likely result in dismissal of the case, regardless of the strength of your evidence.
Property Damage Claims
For vehicle damage or other property losses, West Virginia Code § 55-2-12(a) provides that “every personal action for which no limitation is otherwise prescribed shall be brought… within two years.” Therefore, you also have two years from the date of the accident to pursue a claim for property damage. This applies to damage to your car, phone, personal items in the vehicle, or any other property affected during the accident.
Wrongful Death Claims
In tragic circumstances where a car accident leads to a fatality, WV Code § 55-7-6(d) allows a representative of the deceased’s estate to file a wrongful death lawsuit. The statute states: “Every such action shall be commenced within two years after the death of such deceased person.” This action can recover damages for funeral expenses, lost financial support, and emotional suffering experienced by surviving family members.
Exceptions to the Standard Statute of Limitations
Certain situations may alter the standard two-year statute of limitations:
Delayed Discovery
If the victim could not have reasonably discovered the injury immediately, the deadline may begin on the date the injury was discovered.
Minors
If the injured person was under 18 at the time of the crash, the statute may be tolled until they reach the age of majority.
Incapacitation
If the injured party was mentally incapacitated, the statute of limitations may pause until capacity is regained.
How a Charleston Car Accident Lawyer Can Help
Working with an experienced Charleston, West Virginia car accident lawyer can significantly improve your chances of receiving full and fair compensation. An attorney will:
- Ensure Your Case Is Filed on Time: Monitor all applicable deadlines to protect your right to pursue a claim.
- Gather Strong Evidence: This includes crash reports, medical documentation, witness statements, and accident reconstruction analysis.
- Determine All Liable Parties: In some cases, more than one driver or entity may share fault for the accident.
- Negotiate with Insurance Companies: Insurers often attempt to reduce or deny valid claims. A lawyer can challenge low offers and demand fair compensation.
- Trial Representation: An experienced lawyer is prepared to take your case to court to fight for your compensation if the insurer is unwilling to settle for the amount you deserve.
By enlisting the help of a skilled attorney, you can focus on your recovery while they handle the legal complexities of your case. To arrange a free consultation with a trusted Charleston, West Virginia Car Accident Attorney, call (304) 720-6700 or message Tiano O’Dell, PLLC online today.
