West Virginia Limitations

A statute of limitations is a legislative provision setting a reasonable time frame in which a legal right may be exercised. If the injured party does not assert his or her right within the set time frame, the party cannot get a legal remedy. Statute of limitations is the specified timeframe within which one must initiate a criminal or a civil legal action. Once the statute of limitations has expired then, it is not possible to initiate legal actions despite the merits of the case. In most instances, a statute of limitations can not be waived or extended. The only exceptions are the discovery rule and tolling of the statute of limitation.

If you are a suffered personal injury, you must initiate action for compensation, with a West VA personal injury lawfirm like Anapol Schwartz, within the time frame prescribed by the statute of limitation. Each state has its own statute of limitations, and you may have one year, two years, or more, depending on the state in which you live. There are several factors that determine the statute of limitations including:

• Type of Injury - Many states have specific time limits for different types of personal injury cases.
• Age of the Parties Involved - If a minor is injured, the statute of limitation does not typically begin until he or she turns 18.
• Injury Claims against the Government - If the party against whom the claim is filed is a federal, state, or local government entity or employee or affiliate, then the claim must be notified or filed within as few as 60 days of the injury.
• Discovery of the injury - The statute of limitation for personal injury claim starts on the day of the event that caused the injury. But some states have a discovery rule. Under the discovery rule, the statute of limitation starts when the injured became (or should have reasonably become) aware of the injury and its cause.

In West Virginia, the statute of limitation for personal injury claims is two years. However West Virginia has the discovery rule. So the claim can be filed within two years from the date the injury was or reasonably should have been detected. West Virginia also has tolling of the statute of limitation. Tolling of the statute of limitation means something has stopped the statute from running for a period of time. The common reason for tolling of the statute of limitation includes minority, mental incompetence and the defendant's bankruptcy.

Under West Virginia law, except in cases of medical malpractice, the statute of limitations begins to run on a minor's eighteenth birthday. For cases of medical malpractice, minors may bring an action for malpractice within two years of the date of injury or until age twelve, whichever period is longer.