West Virginia Statute of Limitations: Filing Deadlines Guide

By J. Brandon Shumaker and J. Tyler Slavey  ·  Slavey & Shumaker PLLC  ·  Morgantown, WV  ·  Last updated November 12, 2026

Every legal claim has a deadline. Miss it, and a strong claim can be lost for good. This guide collects the most common West Virginia filing deadlines in one place, with the statute that sets each one, so you can see how much time you may have and why it is important to act early.

This guide is a starting point, not a substitute for advice about your situation. The date a deadline starts, the events that can pause it, and the shorter notice requirements that apply to some claims all depend on the facts.

1. How Filing Deadlines Work

A statute of limitations sets the time within which a lawsuit must be filed. Most West Virginia limitation periods run from the date the right to bring the claim “accrued,” which is often, but not always, the date of the injury or loss. A few statutes expressly start the clock when the injury was or reasonably should have been discovered, such as the medical malpractice and political subdivision statutes discussed below (§ 55-7B-4(a); § 29-12A-6(a)).

Some claims also have steps that must be completed before suit, such as the notice of claim in a medical malpractice case (§ 55-7B-6(b)). Those steps take time, which is another reason to start early.

2. Personal Injury and Property Damage

Under W. Va. Code § 55-2-12, every personal action for which no other limitation is prescribed must be brought:

• Within two years after the right accrues for damage to property (§ 55-2-12(a))
• Within two years after the right accrues for damages for personal injuries (§ 55-2-12(b))
• Within one year after the right accrues for any other matter of such a nature that, if a party died, it could not have been brought at common law by or against the personal representative (§ 55-2-12(c))

The two-year personal injury period covers most car, truck and motorcycle crashes, slip and fall injuries, dog bites and similar claims. See our car accident statute of limitations page and our personal injury lawyers page.

3. Wrongful Death

A wrongful death action must be commenced within two years after the death of the person, subject to the refiling statute, § 55-2-18 (W. Va. Code § 55-7-6(d)). The action is brought by and in the name of the personal representative of the person who died (§ 55-7-6(a)).

If an injured person dies from other causes before filing suit, claims for injuries to the person that did not result in death survive, and may be brought by the personal representative within the same period that would have applied had the injured person not died (§ 55-7-8a(a), (c)). See our wrongful death page.

4. Medical Malpractice and Nursing Homes

At least 30 days before filing suit, the claimant must serve each health care provider with a notice of claim and a screening certificate of merit signed under oath by a qualified health care provider (§ 55-7B-6(b)). If the claim rests on a well-established legal theory of liability that does not require expert testimony on the standard of care, a statement setting out the basis of liability may be filed instead of the certificate (§ 55-7B-6(c)). If there is not enough time to obtain a certificate before the limitation period runs out, the notice may be served with a statement of intent to provide the certificate within 60 days, or within 120 days for nursing homes, assisted living facilities and certain hospital units providing intermediate or skilled nursing care (§ 55-7B-6(d), (e)). The statute also tolls the limitation period for a time after a notice of claim is mailed, with different rules for nursing home claims (§ 55-7B-6(i)). See our medical malpractice page and our nursing home neglect page.

5. Claims Against Cities, Counties and Other Political Subdivisions

An action against a political subdivision for injury, death or loss to persons or property must be brought within two years after the cause of action arose or after the injury, death or loss was discovered or reasonably should have been discovered, whichever last occurs, or within any shorter period the Code provides (W. Va. Code § 29-12A-6(a)). For a child under 10 at the time of injury, the action must be commenced within that period or before the child’s 12th birthday, whichever is longer (§ 29-12A-6(b)). The periods are tolled while the political subdivision commits fraud or collusion by concealing or misrepresenting material facts about the injury (§ 29-12A-6(c)).

Claims involving the State itself, such as state agencies and state universities, follow other rules. If a government body may be involved, talk with a lawyer promptly.

6. Children and Incapacitated Persons

• General rule. If a person is a minor or insane when the right to bring a personal action accrues, the action may be brought within the same number of years after the person reaches full age or becomes sane that a person without that impediment would have, but never more than 20 years after the right accrues (W. Va. Code § 55-2-15(b))
• Exceptions. Medical malpractice and political subdivision claims for children under 10 have their own rules (§§ 55-7B-4(c), 29-12A-6(b))

7. Contracts and Sales of Goods

For a sale of goods, the claim generally accrues when the breach occurs, regardless of whether the buyer knows of it, and a breach of warranty generally occurs when delivery is tendered unless the warranty explicitly extends to future performance (§ 46-2-725(2)). See our civil litigation page.

8. Consumer Protection Claims

Which consumer statute applies, and which limitation period controls, depends on the type of debt or transaction and the conduct involved. See our consumer protection page.

9. Workers’ Compensation

An application for workers’ compensation for an injury, other than occupational pneumoconiosis or another occupational disease, generally must be filed within six months after the injury or death (W. Va. Code § 23-4-15(a)). Slavey & Shumaker PLLC does not handle workers’ compensation claims directly; we refer those claims to, and co-counsel with, other firms that handle the majority of that work. A claim against a third party who caused a work injury is generally subject to the two-year personal injury period. See our workplace injury guide.

10. Criminal Case Deadlines

Criminal cases have their own deadlines, and many are short:

See our magistrate court guide and our DUI defense guide. Slavey & Shumaker PLLC defends criminal cases in Monongalia, Preston, Marion and Harrison Counties.

11. Refiling After a Dismissal

If a claim was filed on time but was involuntarily dismissed for a reason not based on the merits, or a judgment was reversed on a ground that does not prevent a new action, the party may refile within one year from the date of the dismissal or reversal order (W. Va. Code § 55-2-18(a)). Examples include a dismissal for failure to post a bond or for failure to have process timely served (§ 55-2-18(b)).

12. Quick Reference Table

These are general rules. The facts of a case can shorten, extend or pause a deadline, so do not rely on this table alone. No lawyer can guarantee a result.

13. Frequently Asked Questions About West Virginia Filing Deadlines

This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.