Time limits apply in West Virginia. Find out if you still qualify.
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Researched By
People's Justice Research Team
Verified against court records, regulatory records, and peer-reviewed research.
Last reviewed: June 12, 2026How we research
Last reviewed against primary sources: June 12, 2026
Statute of Limitations
West Virginia personal injury SOL: 2 years (W. Va. Code § 55-2-12(b)). Minor tolling: SOL tolled until age 18, then 2-year SOL runs — child's claim expires at age 20 (§ 55-2-15). Wrongful death: 2 years from death (§ 55-7-6). West Virginia follows modified comparative fault — 51% bar. Discovery rule recognized.
Age 20 for surviving minor's personal injury claim; 2 years from death for wrongful death
West Virginia Data
Exposure in West Virginia
Source: March of Dimes, 2024
Source: WVU Medicine
Medical Resources