Statute of Limitations for Filing a West Virginia Car Accident Personal Injury Claim

Time limit for filing a personal injury case in West VirginiaThe term statute of limitations is used to refer to the length of time a person has to take legal action when they have suffered some form of harm. The statute of limitations varies from state to state, with different deadlines set for each type of legal action. 

For personal injury claims related to car accident injuries, West Virginia has a two-year statute of limitations. If you do not take legal action within this time, your case will be dismissed, and you will not receive compensation for accident-related expenses.

The two-year deadline for filing your personal injury claim begins from the time of the accident or the time at which your injury should have reasonably been discovered.

Tolling the Statute of Limitations

If a child is injured in a car accident, the statute of limitations does not go into effect until his or her 18th birthday. For example, if a 16-year-old girl is injured in a car accident as a passenger, she has until her 20th birthday to file a personal injury claim. 

Extending the statute of limitations for cases involving injured minors is sometimes referred to as tolling the statute of limitations. Tolling may also apply if a person is considered to be mentally incapacitated at the time of injury.

Protecting Your Right to Compensation for Car Accident Injuries

Although you have two years to file your personal injury claim, it’s best to begin your case as soon as possible. Waiting makes it more difficult to gather the evidence you need to establish liability and document damages. For example, eyewitnesses may forget key details of your accident or surveillance footage that captured the crash may be erased. 

The Nestor Law Office is dedicated to helping West Virginia residents receive the maximum possible compensation for their car accident injuries. This includes reimbursement for medical expenses, lost wages, property damage, and pain and suffering. Call today to schedule a free, no-obligation initial consultation to discuss how to best proceed with your case.


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