How long do you have to sue after an injury in West Virginia?

Last checked November 8, 2026

In West Virginia you generally have 2 years from the date of your injury to file a lawsuit, under W. Va. Code § 55-2-12(b). If a city, county or the state is responsible, the deadline can be much shorter: Written notice at least 30 days before suit.

Calculate your deadline

West Virginia injury deadlines at a glance

SituationDeadlineLaw
Most injuries, including car accidents2 yearsW. Va. Code § 55-2-12(b)
Wrongful death2 yearsW. Va. Code § 55-7-6(d)
Claim against the government (State governmental agencies)Written notice at least 30 days before suitW. Va. Code § 55-17-3(a)(1)

What the law says

“within two years next after the right to bring the same shall have accrued if it be for damages for personal injuries”

W. Va. Code § 55-2-12(b)

“at least 30 days prior to the institution of an action against a governmental agency, the complaining party or parties shall provide the chief officer of the governmental agency and the Attorney General written notice”

W. Va. Code § 55-17-3(a)(1)

When does the clock start?

Usually on the day you were hurt. In West Virginia, W. Va. Code § 55-2-12(b) sets the period. If an injury was discovered later, or the injured person is a minor, the date can change. Confirm it with a lawyer.

What does not stop the clock

Talking to an adjuster, having an open insurance claim or still being in treatment usually does not stop the deadline to sue. Filing the lawsuit on time or reaching a settlement does.

What happens if you miss it?

Usually the court dismisses the case and you lose the right to be paid, even if your claim is strong. That is why it helps to talk to a lawyer well before the date.

See if you are owed money

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Other states with the same deadline

Sources

  1. W. Va. Code § 55-2-12(b), Official text, 2026-11-08
  2. W. Va. Code § 55-7-6(d), Official text, 2026-11-08
  3. W. Va. Code § 55-17-3(a)(1), Official text, 2026-11-08

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