Key facts: West Virginia
- When the clock starts
- Generally the date of injury for personal injury claims; the date of death for wrongful death. West Virginia follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
- Last verified
- 2026-05-22
- Source type
- Primary (state code or court opinion)
Details and exceptions for West Virginia
Two years for both PI (from date of injury) and wrongful death (from date of death). The discovery rule applies for latent or hidden injuries. Government tort claims have separate notice and deadline requirements under W. Va. Code § 29-12A-1 et seq.
Related: West Virginia comparative negligence rule
West Virginia follows a modified 51% bar rule. Modified comparative fault with a 51% bar adopted by 2015 HB 2002; the plaintiff is barred only when fault is "greater than" the combined fault of all other responsible persons.
Read the full West Virginia comparative negligence rule →This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed West Virginia attorney before relying on it.