Filing a Personal Injury Claim: West Virginia’s Statute of Limitations

After an accident or incident, many injured parties spend the majority of their time focused on recovery. Between doctors appointments, follow- up telephone calls, and continued care of everyday responsibilities, there is little time to consider other actions that must be taken. In addition, bodily injury typically creates a domino effect, causing hardship on everyone in the family. These hardships make it easy to push responsibilities to the back of one’s mind. While the attorneys at Colombo Law understand that it is necessary to take time to cope with the changes that occur after a serious accident, you should be aware of the importance of complying with the Statute of Limitations.

An Overview of the Statute of Limitations

A Statute of Limitations is the time period in which a person may bring a cause of action. Every state has a specific statute of limitations which sets time frames for criminal and civil matters. For personal injury matters, an injured party must be the statute of limitations set forth in tort law statutes. In West Virginia the statute of limitations for personal injury claims is two years. The two year time period will begin from the time in which the injury was, or should have been discovered.

Failing to comply with the statute of limitations is detrimental to a claim. Unfortunately, after the statute of limitations time period has passed a personal injury claim may not be brought. Compliance is mandatory as the law does not consider the validity of a claim.

There are several reasons for imposing restrictions on the timeframe in which a person may bring a personal injury claim. The law requires an injured party to act diligently after an injury. Once a person knows or should have known about an injury, the law requires that party to actively pursue litigation. In addition, the law serves to protect defendants from outdated claims. Therefore, if you or someone you know believe that you may have a personal injury claim, contact one of our experienced attorneys today.

Are There Exceptions to the Rule?

There are some narrow limitations that apply in personal injury cases which may extend the deadline for initiating a personal injury claim. The statute of limitations is delayed and time does not accrue in instances in which the injured party is a minor child. During these circumstances, the time period will begin once the child turns 18 years of age. Some exceptions also apply where an adult is under a disability at the time of the injury.

Often times, the two year time limitation approaches more quickly than the injured party anticipated. The statute of limitations is the most important factor in a personal injury claim. If you or someone you know has been injured, you should contact an attorney as close to the date of the accident as possible. This will help ensure that you preserve your claim and gather all of the necessary evidence to prove your claim. Contact an experienced attorney at Colombo Law to determine whether you have a valid claim of recovery.

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by Colombo Law
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