Each state has its own set of statutes of limitations that set a time limit for different types of legal actions. If you are considering filing a civil lawsuit in West Virginia, it is critical to be aware of the state’s statute of limitations laws.
Personal Injury Claims
In West Virginia, the statute of limitations for personal injury claims is two years from the date of the injury. This includes injuries caused by car accidents, slip and fall accidents, and other incidents that result in physical harm. The statute of limitations typically begins to run from the date of the injury.
Medical Malpractice Claims
If you are filing a medical malpractice claim in Charleston, WV, you have two years from the date of the injury or from the date the injury was or should have reasonably been discovered to file a claim. However, the statute of limitations cannot be extended beyond ten years from the date on which the alleged malpractice occurred. This means that if you discover an injury resulting from medical malpractice more than ten years after the alleged malpractice occurred, you will not be able to file a claim.
Property Damage Claims
The statute of limitations for property damage claims in West Virginia is also two years from the date of the damage. This includes damage to your home, car, or other personal property.
Breach of Contract Claims
A breach of contract claim must be pursued within five years from the date the breach occurred. This includes disputes related to employment contracts, rental agreements, and other types of contracts.
Fraud Claims
The statute of limitations in West Virginia for fraud claims is two years from the date on which the fraud was discovered or should have been discovered. However, the statute of limitations cannot extend beyond ten years from the date the fraud occurred.
Tolling the Statute of Limitations
In some cases, the statute of limitations can be “tolled,” or paused, for a certain period of time. Tolling can occur for a number of reasons, including:
- The plaintiff is a minor or under a disability
- The defendant has left the state or is in hiding
- The defendant has been convicted of another crime
Tolling the statute of limitations can give plaintiffs (victims) more time to file a claim and pursue legal action.
What Happens If You Miss the Statute of Limitations?
If you miss the statute of limitations for filing a lawsuit, you will likely lose your right to bring a claim in court. This means that the court will dismiss your case, and you will be barred from pursuing compensation. The statute of limitations is a strict legal deadline, and courts will generally not make exceptions for individuals who miss the deadline due to ignorance or negligence. Therefore, it is crucial to be aware of your case’s applicable statute of limitations and to take prompt action to protect your legal rights.
If you are unsure about the statute of limitations for your case, it is best to consult with an experienced Charleston, West Virginia Personal Injury Attorney who can provide guidance and help you navigate the legal system.