FirmTimerFirmTimerCalculate accurate filing deadlines for various causes of action in West Virginia. This tool provides statute citations, legal notes, and important deadline information for your case.
Statute may be tolled until age of majority
Statute may be tolled due to disability
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June 16, 2027
Personal injury actions in West Virginia must be filed within two years of the injury or when the injury is reasonably discovered (the “discovery rule”). The standard two-year limit is set by W. Va. Code §55-2-12(b). The clock may be tolled for a minor plaintiff or one who is mentally incompetent when the cause accrues (but not for more than 20 years from accrual). West Virginia courts apply a discovery rule such that the limitation period begins when the plaintiff knows, or by reasonable diligence should know, of the injury and the potential defendant’s role.
Last reviewed 6/10/2025
Firm Timer helps you track every minute of your workday, ensuring you never miss a billable hour again. Our intuitive time tracking software is designed for law firms, making it easy to capture time on the go.
| Cause of Action | Statute of Limitations | Discovery Rule | Statute of Repose | Legal Citation |
|---|---|---|---|---|
| Personal Injury | 2 years | Yes | — | W. Va. Code § 55-2-12(b) |
| Wrongful Death | 2 years | No | — | W. Va. Code § 55-7-6(d) |
| Property Damage | 2 years | Yes | — | W. Va. Code § 55-2-12(a) |
| Written Contract | 10 years | No | — | W. Va. Code § 55-2-6 |
| Oral Contract | 5 years | No | — | W. Va. Code § 55-2-6 |
| Defamation | 1 year | No | — | W. Va. Code § 55-2-12(c) |
| Medical Malpractice | 2 years | Yes | 10 years | W. Va. Code § 55-7B-4(a) |
| Consumer Debt | 5 years | No | — | W. Va. Code § 55-2-6 |
Common questions about West Virginia statutes of limitations
The shortest deadline in West Virginia is 1 years for defamation (libel/slander) claims, while the longest is 10 years for written contract disputes. Missing these cut-offs—even by a day—can permanently bar recovery.
Note: West Virginia also enforces statutes of repose, which create an absolute bar after a set number of years, regardless of when the injury is discovered. Our calculator flags these where applicable.
A statute of limitations sets the maximum time after an event within which legal proceedings may be initiated. In West Virginia, these time limits vary by the type of claim or offense.
Missing a filing deadline can permanently bar your claim, regardless of its merit. This calculator helps you determine the deadline for your specific case, but always consult with a qualified attorney for legal advice.
For more information about West Virginia law, visit the official West Virginia courts or legislature website.