How can the statute of limitations kill your claim?

| Jan 21, 2021 | Uncategorized |

Injuries can be expensive, even beyond just a doctor’s visit or missing a few weeks of work. Some injuries can create chronic physical and mental illnesses, and some injuries won’t make themselves known until later down the line. West Virginia residents should take care to keep tabs on the statute of limitations for their claims.

What is a statute of limitations?

A statute of limitations is a set of rules limiting when and how you can take legal action against a person or entity. In West Virginia, the statute of limitations for personal injury or wrongful death is 2 years. This is outlined in West Virginia Code section 55-2-12. If you wait until after the statute of limitations has passed to file a claim, you may lose your rights to sue at all.

When does the timer start?

Generally, for personal injury cases, the timer on the statute of limitations begins on the day the incident causing the injury occurred. However, because not all injuries are apparent immediately, if you discover an injury later on, the statute of limitations would begin the date you discovered your injury. Likewise, if you did not know your injury was caused by the other party’s negligence at first, your statute of limitations would begin the day you discovered they were at fault.

If you’ve been injured, it’s important to make sure your personal injury claim is filed and settled before the statute of limitations runs out. An experienced attorney could help you files your claim in a timely matter.