West Virginia · Claims for harm from asbestos
Claims for harm from asbestos in West Virginia
See If You Qualify
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| Filing deadline | 2 years from diagnosisCode § 55-2-12 |
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Deadlines vary with the facts of each case. A lawyer can confirm yours.
Updated
01 · Your filing deadline
What is the deadline in West Virginia?
West Virginia Code § 55-2-12 provides a 2-year statute of limitations for personal injury claims. West Virginia courts apply the discovery rule for latent asbestos diseases from date of mesothelioma diagnosis. West Virginia uses modified comparative fault with a 51% bar. A lawyer can confirm yours.
Source: Code § 55-2-12
Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.
02 · Where cases are heard
Where would my case be heard?
West Virginia has a 2-year statute of limitations for mesothelioma from diagnosis. West Virginia's coal mining industry, chemical manufacturing corridor (the 'Chemical Valley' in the Kanawha River Valley — home to Union Carbide, DuPont, Monsanto), and steel production at Weirton created extensive industrial asbestos exposure. Kanawha County Circuit Court in Charleston is an active asbestos litigation venue.
Medical facilities in West Virginia
West Virginia University Cancer Institute
How this works nationally
For the overall process and updates, read the Claims for harm from asbestos overview. This page covers the local information available for West Virginia.
What happens when I check?
You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.
Live in West Virginia? Read what applies in your state.
Register your interest. If a participating law firm takes these cases, it may contact you.
Register your interestSources
- Code § 55-2-12