Understanding the Statute of Limitations for Car Accidents in West Virginia

August 13, 2025

Understanding the Statute of Limitations for Car Accidents in West Virginia

If you have been injured in a car accident in West Virginia, it is important to understand that you only have a limited amount of time to take legal action. This deadline is known as the statute of limitations, and missing it can prevent you from recovering compensation for your injuries, property damage, and other losses.


In West Virginia, the statute of limitations for filing a personal injury lawsuit after a car accident is generally two years from the date of the accident. This means you must file your claim in court within two years, or you may lose your right to pursue damages. The same two-year time frame applies to wrongful death cases arising from car accidents, with the clock starting on the date of the person’s passing.


If your case involves only vehicle or property damage, West Virginia law typically allows two years from the date of the accident to file suit. While this may seem like plenty of time, it is important to remember that building a strong case takes work — gathering evidence, interviewing witnesses, and negotiating with insurance companies all require significant preparation.


Certain circumstances can affect this deadline. For example, if the injured person is a minor or legally incapacitated, the time limit may be extended. On the other hand, claims against government entities often require shorter notice periods and different procedures.


At Matthew M. Johnson, Attorney at Law, we can provide legal assistance to the Charleston public by guiding you through the claims process, protecting your rights, and helping you meet important deadlines. Acting quickly not only keeps you within the statute of limitations but also increases your chances of securing the compensation you deserve.

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