Deadlines to File an Injury Lawsuit in West Virginia

Two years after the right to sue accrues for damages for personal injuries.

Two years after the right to sue accrues for damage to property.

Two years from the date of the injury, or two years from when the injury was or reasonably should have been discovered, whichever is later, but never more than 10 years after the injury. Claims against nursing homes, assisted living facilities and similar long-term care providers have a one-year deadline (also with discovery and a 10-year limit). For a child injured before age 10, the deadline is two years from the injury or the child's 12th birthday, whichever is longer. The periods are paused while a provider conceals or misrepresents material facts through fraud or collusion.

Two years after the death.

Political subdivisions (counties, cities and similar local bodies): a lawsuit must be filed within two years after the claim arose or the injury was or should have been discovered, whichever is later (with a special rule for children under 10). Punitive damages are not allowed. Economic damages are not capped, but noneconomic damages are capped at $500,000 per person. The complaint may not state a specific dollar amount.