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West Virginia Personal Injury Statute of Limitations Calculator

West Virginia gives most claims two years — but a genuinely unusual third tier shortens some claims to one year, based on an old common-law distinction. Enter your date below to see your actual deadline.

W. Va. Code § 55-2-12 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

When is your filing deadline?

Enter the date of the injury. We'll show the actual West Virginia deadline, in plain terms.

Deadline to file suit (2 years)
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Also partly at fault? Check how that changes things →
Why: W. Va. Code § 55-2-12(a)/(b) sets a general two-year deadline covering personal injury, property damage, and wrongful death alike.
Injured in West Virginia?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a West Virginia attorney

The general rule: a matched two years for injury and property

Under W. Va. Code § 55-2-12, most personal injury claims must be filed within two years under subsection (b), and property damage claims get the same two years under subsection (a) — unlike many states that split these into different periods.

A genuinely unusual third tier

Subsection (c) sets a shorter one-year period for a narrower, specific category: claims of a nature that, under common law, could not have been brought by or against a deceased party's personal representative. This genuinely old common-law distinction creates a real three-tier structure within a single statute.

Medical malpractice: a demanding pre-suit process

Medical malpractice claims follow their own framework, requiring a formal pre-suit notice and a notarized screening certificate of merit before a lawsuit can even be filed. See our full guide to West Virginia's discovery rule and tolling for how this genuinely affects the deadline itself.

Government claims

Claims against a West Virginia political subdivision follow their own separate framework. See our full guide to West Virginia government claim deadlines.

West Virginia statute of limitations — frequently asked questions

How long do I have to file a personal injury lawsuit in West Virginia?

Two years from the date the claim accrued, under West Virginia Code section 55-2-12(b), typically the date of injury.

Does property damage share the same two-year deadline in West Virginia?

Yes. Property damage claims also generally get two years under section 55-2-12(a), unlike many states that give property damage a different period.

Is there a genuinely shorter one-year deadline for some claims in West Virginia?

Yes, for a specific, narrower category. Section 55-2-12(c) sets a one-year period for claims of a nature that, under common law, could not have survived the death of a party.

Is West Virginia's wrongful death deadline also two years?

Yes, generally two years, though the starting point for calculating it can differ from an ordinary injury claim.

What happens if I miss West Virginia's filing deadline?

The court will almost always dismiss the case, and the right to seek compensation is lost permanently, regardless of how strong the underlying claim was.

West Virginia personal injury tools & guides

Discovery Rule & TollingMalpractice's pre-suit notice that actually tolls the clock Government Claim DeadlinesClaims against political subdivisions What Happens If You Miss the DeadlineWest Virginia's dismissal rule, and rare exceptions West Virginia Comparative Negligence CalculatorWest Virginia's 51% fault bar

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on West Virginia statute (W. Va. Code § 55-2-12) verified per our methodology. Deadlines can vary based on the specific facts of a claim. Confirm your actual deadline with a licensed West Virginia attorney before acting.