How much time do I have to make a personal injury claim in West Virginia?

Under personal injury law in West Virginia, the amount of time that you have to make a claim will vary depending on the circumstances and the type of claim you are making. This time limit is referred to as the "statute of limitations" and it is essential that you make your claim within it or the claim can be time barred and you can find yourself not being able to recover any damages at all. 

Some example of time limits, or statutes of limitations for West Virginia include:

• Two years for most personal injury cases
• Two years from the date the injury either happened, or from the point when you became aware of it, in the case of medical negligence or malpractice
• Two years from the date that you were injured by a defective product, or that you became aware that such injury occurred
• One year from the time you were slandered or defamed.

You should note that there are certain statutes of limitations that allow the clock to begin running at the time when you become aware of your injury. Often called the "discovery rule," this provision of the statute of limitations exists because sometimes it is not immediately obvious that you have been harmed. For example, if a doctor leaves some kind of surgical instrument inside of you, you probably are not going to know that right away. Likewise, if you are taking a defective drug, the side effects and the consequences of the defect may not become known until years later. 

If you believe you have a personal injury action, don't wait. Call a lawyer as soon as you can so you can make sure you are bringing your claim within the appropriate time period and so you can get the recovery you deserve.