The Statute of Limitations in a Personal Injury Case: How Long Do You Have to File a Claim?

If you’ve been injured in an accident in West Virginia, one of the most important legal concepts to understand is the statute of limitations. This law sets the time limit for filing a personal injury lawsuit. Missing the deadline can mean losing your right to pursue compensation, no matter how strong your case may be.

At Burke, Schultz, Harman & Jenkinson, we help injury victims in West Virginia pursue justice and compensation after an injury and ensure their claims are filed on time. Here’s what you need to know about how long you have to file a personal injury claim in West Virginia. For immediate assistance, contact our office to speak with a Martinsburg personal injury lawyer today.

The General Rule: Two Years to File a Personal Injury Claim

In West Virginia, the statute of limitations for most personal injury claims, including car accidents, slip and fall injuries, and other negligence-based claims, is two years from the date of the injury. This means that if you are injured in a car accident on January 1, 2025, you generally have until January 1, 2027, to file a lawsuit.

If you file after the time in the applicable statute of limitations has passed, the court will be forced to dismiss your case, and you will be barred from recovering damages in court. Insurance companies are well aware of these deadlines, and they often refuse to negotiate once the statute has passed, knowing they can’t be sued.

Tolling Provisions: When the Clock Pauses

In some cases, the statute of limitations does not begin to run right away or may be paused due to a legal concept known as tolling. Tolling provisions exist to ensure fairness in situations where it would be unreasonable to expect an injured person to file suit within the normal time frame.

Common tolling scenarios in West Virginia include:

• Minors: If the injured person is under 18, the statute of limitations is paused until they reach adulthood. The injured minor then has two years from their 18th birthday to file a claim, giving them until their 20th birthday in most cases.

• Mental incompetence: If the injured person is legally incapacitated at the time of the injury, the statute may be tolled until the incapacity is lifted.

• Discovery rule: In some cases, an injury may not be immediately apparent. The “discovery rule” allows the statute of limitations to begin when the injured person reasonably discovers or should have discovered the injury and its cause. This rule tends to apply most often in medical malpractice cases.

Special Rules for Government Claims

If your injury claim is against a government entity in West Virginia, the statute of limitations can be more complicated. Lawsuits involving cities, counties, or the state itself may require you to comply with specific notice provisions.

For example, you may need to provide formal written notice of your claim within a short period—sometimes within just 30 to 120 days—depending on the type of government entity involved. Missing this early deadline can prevent you from filing a lawsuit later, even if you are still within the general two-year statute of limitations.

Because of these strict requirements, it is especially important to speak with a lawyer immediately if you believe a government agency, employee, or facility is responsible for your injury. For instance, a car accident with a government vehicle or a slip and fall on government property, such as a courthouse or Social Security office, would likely trigger the government notice requirements.

Medical Malpractice Statute of Limitations

Medical malpractice cases have their own set of rules under West Virginia law. Generally, a patient has two years from the date of the malpractice to file a lawsuit. However, the discovery rule often applies, meaning the clock may not start running until the patient knows—or reasonably should have known—that they were harmed by medical negligence. Examples include a missed or delayed diagnosis or a medical instrument left inside the patient after surgery. These medical mistakes can cause severe harm that is not immediately apparent.

West Virginia law (55-7B-4) also imposes an absolute deadline known as a statute of repose. Even with the discovery rule, no medical malpractice claim can be filed more than 10 years after the date of the negligent act. This provision ensures that extremely old claims cannot be pursued, even if they were not discovered until later. This law can apply to some nursing home negligence claims as well.

Additionally, in most medical malpractice cases, plaintiffs must comply with certain pre-suit requirements, including providing a notice of claim and a screening certificate of merit from a qualified medical expert. These requirements can affect timing, making it crucial to consult an attorney well before the statute of limitations expires.

Wrongful Death Claims

When negligence results in a fatality, the family of the deceased may pursue a wrongful death claim. In West Virginia, the statute of limitations for wrongful death is two years from the date of death, not from the date of the accident or injury that caused the death. This distinction is important because a wrongful death claim is separate and distinct from a personal injury claim the deceased might have filed while alive. Families must act promptly within this two-year window to preserve their right to pursue damages for funeral expenses, lost income, loss of companionship, and other related losses.

Why the Statute of Limitations Matters

Understanding and respecting the statute of limitations is critical for anyone pursuing a personal injury claim in West Virginia. These deadlines are strictly enforced, and missing them can permanently close the door to recovery. Even if you are still negotiating with an insurance company, the statute of limitations continues to run in the background. Filing a lawsuit before the deadline is the only way to preserve your legal rights.

An experienced attorney will track these deadlines, handle notice requirements, and ensure your case is filed on time. At Burke, Schultz, Harman & Jenkinson, we begin preparing cases from day one to avoid any risk of missed deadlines and to give our clients the strongest possible position in negotiations and litigation.

Contact Our Martinsburg Personal Injury Attorneys

If you or a loved one has been injured in an accident, don’t wait until the statute of limitations is about to expire before you seek legal help. The sooner you speak with an attorney, the more time you have to build a strong case and preserve critical evidence. At Burke, Schultz, Harman & Jenkinson, we offer free consultations to help you understand your rights and take the right steps forward. Contact us today to get started.