People's Justice

West Virginia · Nursing Home Abuse: Get Help and Check the Care

Nursing Home Abuse: Get Help and Check the Care in West Virginia

See If You Qualify

Free · No obligation · About 2 minutes

Filing deadline2 years from date of injuryW.Va. Code § 55-2-12

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's personal injury SOL is 2 years (W.Va. Code § 55-2-12). Medical professional liability claims against a nursing home or assisted living facility must be filed within 1 year of the injury or its discovery, and no more than 10 years after the injury (W.Va. Code § 55-7B-4(b)). West Virginia's Medical Professional Liability Act (W.Va. Code § 55-7B-6) requires pre-suit notice and an expert screening certificate — consult local counsel on applicability. A lawyer can confirm yours.

2 years from date of injury

Source: W.Va. 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.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

West Virginia's Elder Abuse statute (W.Va. Code § 9-6-1 et seq.) and Nursing Home Act (W.Va. Code § 16-5C-1 et seq.) provide civil and regulatory remedies. West Virginia follows modified comparative fault with a 51% bar. West Virginia has approximately 130 nursing facilities and a significant opioid crisis affecting workforce availability in care settings.

Medical facilities in West Virginia

  • WVU Medicine Ruby Memorial Hospital — Level I Trauma

How this works nationally

For the overall process and updates, read the Nursing Home Abuse: Get Help and Check the Care 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 interest

Sources

  1. W.Va. Code § 55-2-12