Filing deadline
General injury limitation period
2 years general negligence, medical professional liability, product liability, and wrongful death.
W. Va. Code §§ 55-2-12, 55-7B-4, 55-7-6.
Verified Jul 3, 2026 · Next review by Jul 3, 2027
West Virginia · Personal injury
West Virginia Personal Injury Deadline, Fault, and Damages Rules
2 years general negligence, medical professional liability, product liability, and wrongful death.
4 rules checked against governing sourcesSources checked through Jul 3, 2026Inspect the coverage gate
Answer first, sources attached
Four liability rules to check first
Limitations, government notice, fault, and damages rules can change both case selection and the first preservation steps.
Pre-suit notice
Government claim notice
Medical professional liability claims require pre-suit notice of claim and screening certificate at least 30 days before filing; no general statewide ante-litem notice row is recorded for ordinary private PI claims.
W. Va. Code § 55-7B-6.
Verified Jul 3, 2026 · Next review by Jul 3, 2027
Recovery threshold
Comparative fault rule
Modified comparative fault; claimant barred if fault exceeds combined fault of other parties.
W. Va. Code § 55-7-13a.
Verified Jul 3, 2026 · Next review by Jul 3, 2027
Remedy limits
Damage caps
Medical professional liability noneconomic-damages caps apply; no general statutory cap is identified for ordinary personal-injury claims.
W. Va. Code § 55-7B-8.
Verified Jul 3, 2026 · Next review by Jul 3, 2027
What changes the answer
The statewide rule is the starting point
- Claim and defendant typeMedical, product, wrongful-death, government, and other claims may use different clocks.
- Accrual and discoveryThe event that starts a limitation period can be disputed or claim-specific.
- Minority, incapacity, and tollingStatutory tolling and repose rules can change or override the general period.
- Allocation and damages categoryFault thresholds and caps may apply differently by defendant, conduct, and remedy.
For personal injury attorneys
Put the deadline and proof gaps on the matter from day one
DocketBuddy keeps limitations, treatment, liability proof, records, demand posture, liens, and settlement work visible in one client record.
This page reports source-linked state rules and review dates. It does not calculate a deadline, determine eligibility, select a procedure, value a claim, or apply law to an individual situation. Verify the cited authority, local procedure, and current law before relying on a rule.