What Is the Statute of Limitations for Car Accident Lawsuits in West Virginia?

Lady of Justice holding scales in front of a clock.

A statute of limitations is a law that imposes a deadline by which a plaintiff must file a lawsuit following a specific occurrence, such as a car accident. Such deadlines exist to encourage plaintiffs to file lawsuits while evidence is still available and to keep things fair for defendants. Without these types of deadlines, a plaintiff could potentially wait decades before filing a lawsuit, practically ensuring that evidence available to help the defendant would be lost or forgotten. Below is an overview of the statute of limitations for car accident lawsuits in West Virginia. 

Car Accident Lawsuit Filing Deadline 

If you are involved in a car accident in West Virginia, you generally have two years from the date of the accident to file a lawsuit. This deadline applies to personal injury, property damage, and wrongful death claims.

Exceptions

Despite the two-year filing deadline for West Virginia car accident lawsuits, there are certain circumstances under which courts may allow plaintiffs additional time to file. For example, the court may extend the filing deadline when a plaintiff doesn’t discover his or her injuries until well after the actual car accident. The most common reasons that courts grant additional time, however, are for underaged and disabled plaintiffs. When a plaintiff has a disability that interferes with his or her ability to file in a timely manner, the court may permit extra time to file. In addition, when a car accident victim is under the age of 18, the court may extend the deadline until he or she turns 18. 

The Consequence of Missing Your Filing Deadline

If you were recently involved in a West Virginia car accident, it is imperative that you meet your filing deadline. Unless an exception is present, courts in West Virginia generally will not hear a claim that a plaintiff files after the deadline. The best way to ensure that your lawsuit is not only timely filed, but also meets all other legal requirements, is to hire an experienced West Virginia car accident attorney. 

Contact an Attorney Today 

Were you recently involved in a West Virginia auto accident? If so, you may be entitled to financial compensation. However, as noted above, you must act fast in order to ensure that your lawsuit is timely. Therefore, if you were recently injured in a car accident, you should immediately contact an experienced West Virginia auto accident attorney to help you begin the process. An experienced West Virginia personal injury lawyer will protect your legal rights and guide you towards the proper course of action based on your unique situation. At Hewitt & Salvatore, we pride ourselves on the personal attention we provide to our clients, and we’ll treat your West Virginia car accident case as our top priority. In order to begin your journey to financial and physical recovery, please contact our office today for a consultation.  

Posted in: Auto Accidents