Civil statutes of limitations
How long do you have to sue in West Virginia?
A statute of limitations is a hard filing deadline. File even one day after it and a court will almost always throw the case out permanently — no matter how strong it is. Among the nine claims on this page, the shortest in West Virginia is 1 year.
Were you fired, treated unfairly at work, or harmed by a government agency? Those claims are not on this page and often have much shorter deadlines — sometimes only a few months (for example, many job-discrimination claims must be filed with the EEOC or a state agency within about 180 days; many claims against a government can require notice in 6 months or less). If that's you, your clock may be running out right now — contact an attorney or legal aid today.
If you think you might have a claim, treat the clock as already running. The deadline for your situation can be shorter than the table below — and missing it is usually fatal to the case.
Find free legal help in West Virginia →Filing deadlines by type of claim
statutory period · longer ≠ more time for youBar length is the number of years the statute allows; color flags how little time that is. disc. = a discovery rule may start the clock when you discover the harm, not when it happened. repose = an outer limit that can bar a claim even before you discover it.
What to do today
- Find the date you were harmed — the injury, the contract breach, the death, the day you discovered it.
- Compare it to the shortest deadline above that fits your situation. If you're anywhere close, treat today as your deadline, not the statutory date.
- Contact an attorney or free legal aid in West Virginia now. Even if the deadline looks past, the discovery rule or tolling may still help — don't decide that yourself; ask someone licensed.
The statute for each claim
Defamation (libel / slander)
1 yearW. Va. Code § 55-2-12(c) RECORDED the statute as written — verify at the cited code
- • One-year period for personal actions surviving against representative.
Fraud
2 yearsW. Va. Code § 55-2-12 RECORDED the statute as written — verify at the cited code
- • Discovery rule may apply — the clock can start when you discover the injury, not when it occurred (can give you more time, or can already have started without your knowing).
- • Treated as personal action subject to 2-year period.
Medical malpractice
2 yearsW. Va. Code § 55-7B-4 RECORDED the statute as written — verify at the cited code
- • Discovery rule may apply — the clock can start when you discover the injury, not when it occurred (can give you more time, or can already have started without your knowing).
- • Statute of repose: 10 years — an outer cutoff that can bar the claim even if the discovery rule would otherwise extend it.
- • Nursing-home claims have 1-year period from injury or discovery.
Personal injury
2 yearsW. Va. Code § 55-2-12(b) RECORDED the statute as written — verify at the cited code
- • Discovery rule may apply — the clock can start when you discover the injury, not when it occurred (can give you more time, or can already have started without your knowing).
- • Tolling for minors and incapacity under § 55-2-15.
Product liability
2 yearsW. Va. Code § 55-2-12(b) RECORDED the statute as written — verify at the cited code
- • Discovery rule may apply — the clock can start when you discover the injury, not when it occurred (can give you more time, or can already have started without your knowing).
- • No general products statute of repose.
Property damage
2 yearsW. Va. Code § 55-2-12(a) RECORDED the statute as written — verify at the cited code
- • Discovery rule may apply — the clock can start when you discover the injury, not when it occurred (can give you more time, or can already have started without your knowing).
- • Action for damage to property.
Wrongful death
2 yearsW. Va. Code § 55-7-6 RECORDED the statute as written — verify at the cited code
- • Discovery-rule application limited.
Contract oral
5 yearsW. Va. Code § 55-2-6 RECORDED the statute as written — verify at the cited code
- • Express or implied contracts not in writing.
Contract written
10 yearsW. Va. Code § 55-2-6 RECORDED the statute as written — verify at the cited code
- • Signed written contract not under seal.
Why this table is not your actual deadline
These are the statutes West Virginia has on the books. Your real deadline depends on facts only a lawyer can sort out:
- When the clock started (accrual) — usually the date of harm, but the discovery rule can move it to when you reasonably should have known.
- Whether it paused (tolling) — being a minor, incapacity, the defendant leaving the state, or fraud can stop or restart the clock.
- A statute of repose — a separate outer limit that can bar a claim even before you discover it.
- Which claim you actually have — the same facts can support several causes of action with different deadlines; the shortest one that applies controls.
The safe move is always to assume less time than you think and talk to an attorney immediately.
What this is — and is not
This page states the published statutory deadlines in West Virginia for common civil claims — an informational reference, with each statute citation linked so you can verify it. It is not legal advice, not a calculation of your deadline, and not a substitute for a licensed attorney. Accrual, tolling, and the discovery rule are fact-specific. If you may have a claim, consult an attorney in West Virginia immediately; for free help, see civil legal aid in West Virginia.
Source: CaseFleet Civil Statute-of-Limitations Reference (2026) · statutes last verified 2026-04-29.
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