Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

Both clocks are two years, and the death clock starts at the death.

Two years from death

Every wrongful death action must be commenced within two years after the death of the deceased person, subject to the tolling provisions of chapter 55, article 2, section 18.

Compared with an injury claim

Personal injury actions must be brought within two years after the right to bring them accrued.

Malpractice

Two years from the injury or its discovery, whichever is later, and never more than 10 years after the injury, with one year for nursing homes and similar facilities.

Pre-suit steps

A malpractice claim also needs a 30-day notice of claim with a screening certificate of merit.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how West Virginia's rules apply to your specific case with a licensed West Virginia attorney.