West Virginia
West Virginia Statute of Limitations: Filing Deadlines by Case Type
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 7, 2026. · 11 primary sources cited on this page. How we verify our legal content
West Virginia gives injured persons 2 years to file most personal injury claims under W. Va. Code 55-2-12, written contract disputes 10 years, and oral contracts 5 years under W. Va. Code 55-2-6. Most felonies carry no filing deadline, while misdemeanors must be charged within 1 year.
West Virginia sets specific filing deadlines for both civil lawsuits and criminal prosecutions. These deadlines, known as statutes of limitations, determine how long a person has to take legal action after an event occurs. Missing the deadline can mean losing the right to pursue a claim entirely.
This guide covers every major category of West Virginia statute of limitations, with direct references to the applicable state code sections. Whether you are dealing with a personal injury, a contract dispute, a property claim, or a criminal matter, knowing the filing deadline is the first step in protecting your legal rights.
Hurt in West Virginia? If you are still within the deadline above, you can estimate what your injury claim may be worth with our free West Virginia personal injury settlement calculator. It gives an instant range based on your medical costs and West Virginia's fault rule (general information, not legal advice).
West Virginia Civil Statute of Limitations
West Virginia's civil statutes of limitations range from 1 year to 10 years depending on the type of case. The primary statute governing most personal actions is W. Va. Code 55-2-12, which sets a 2-year deadline for personal injury and property damage claims.
If you fail to file your civil claim before the deadline expires, the opposing party can raise the statute of limitations as a defense. The court will then dismiss the case, and you will lose your right to recover damages permanently.
Personal Injury Claims
West Virginia gives injured persons 2 years from the date of injury to file a personal injury lawsuit. This deadline applies to car accidents, slip and fall incidents, premises liability cases, product liability claims, and most other negligence actions.
The 2-year period is set by W. Va. Code 55-2-12(b), which states that every personal action for damages for personal injuries must be brought "within two years next after the right to bring the same shall have accrued."
Property Damage Claims
Claims for damage to personal or real property also carry a 2-year statute of limitations under W. Va. Code 55-2-12(a). This includes damage to vehicles, homes, personal belongings, and other property caused by another party's negligence or intentional actions.
Wrongful Death
A wrongful death claim in West Virginia must be filed within 2 years of the date of the deceased person's death, not from the date of the injury that caused the death. Only the personal representative of the deceased's estate may bring a wrongful death action.
This deadline is governed by W. Va. Code 55-7-6(d). The limitations period begins when the representative knows or should reasonably know that the death resulted from a wrongful act and the identity of the responsible party.
Medical Malpractice
Medical malpractice claims follow special rules under W. Va. Code 55-7B-4. The filing deadline is 2 years from the date of the injury or 2 years from the date the patient discovers (or should have discovered) the injury, whichever comes later.
However, West Virginia imposes a hard 10-year statute of repose. No medical malpractice action may be started more than 10 years after the date the injury occurred, regardless of when it was discovered.
Special rules apply in certain situations:
- Nursing homes and long-term care facilities: Claims must be filed within 1 year of the injury or discovery, with the same 10-year repose period.
- Children under 10: Claims may be filed within 2 years of the injury or before the child's 12th birthday, whichever is later.
Fraud
Fraud claims in West Virginia carry a 2-year statute of limitations under W. Va. Code 55-2-12. The West Virginia Supreme Court has confirmed that the 2-year period in Section 55-2-12 applies to fraud claims.
The discovery rule is particularly important for fraud cases. The statute does not begin to run until the injured person knows, or through reasonable diligence should know, the nature of the injury. This means the clock starts when the fraud is discovered, not when it was committed.
Defamation (Libel and Slander)
Defamation claims, including both libel and slander, must be filed within 1 year under W. Va. Code 55-2-12(c). This is the shortest civil statute of limitations in West Virginia.
The 1-year period begins when the defamatory statement becomes known or reasonably should have become known to the plaintiff.
Contract Disputes
West Virginia distinguishes between written and oral contracts when setting filing deadlines under W. Va. Code 55-2-6:
| Contract Type | Filing Deadline | Code Section |
|---|---|---|
| Written contract (under seal) | 10 years | W. Va. Code 55-2-6 |
| Written contract (signed, not sealed) | 10 years | W. Va. Code 55-2-6 |
| Oral contract | 5 years | W. Va. Code 55-2-6 |
These deadlines apply to breach of contract claims, including disputes over payment, services, employment agreements, and lease terms.
Judgments and Debt Collection
Enforcing a court judgment in West Virginia is subject to a 10-year statute of limitations under W. Va. Code 38-3-18. Foreign judgments also carry a 10-year enforcement period under W. Va. Code 55-2-13.
For consumer debt collection actions, the statute of limitations depends on the type of debt:
- Credit card debt: not settled by statute. If a court treats the signed cardmember agreement as the "written contract" under W. Va. Code 55-2-6, the 10-year period could apply; if a court instead treats the running balance as an unwritten "open account," the 5-year oral-contract period would apply. West Virginia case law has not settled which characterization controls for credit cards, so do not rely on either number as certain, confirm with an attorney.
- Medical debt: similarly unsettled. Medical bills are typically treated as open accounts (5 years), but a signed, written payment agreement could push a specific bill into the 10-year written-contract period. Treat the applicable deadline as case-specific rather than a fixed number.
- Mesne profits in an ejectment action: limited to a 5-year look-back under W. Va. Code 55-4-21 (not a general rent-collection deadline)
Trespass
Trespass claims must be filed within 2 years under W. Va. Code 55-2-12(a). This applies to unauthorized entry onto another person's property.
Real Property Actions
Actions to recover land in West Virginia are subject to longer statutes of limitations. Under W. Va. Code 55-2-1, a person must bring an action to recover land within 10 years after the right to do so first accrued.
For adverse possession claims, a person must maintain continuous possession for 10 years under W. Va. Code 55-2-1, the same statute that governs actions to recover real property.
Complete Civil Statute of Limitations Table
| Case Type | Time Limit | Code Section |
|---|---|---|
| Personal Injury | 2 years | W. Va. Code 55-2-12(b) |
| Property Damage | 2 years | W. Va. Code 55-2-12(a) |
| Wrongful Death | 2 years from death | W. Va. Code 55-7-6(d) |
| Medical Malpractice | 2 years (10-year repose) | W. Va. Code 55-7B-4 |
| Fraud | 2 years (discovery rule) | W. Va. Code 55-2-12 |
| Product Liability | 2 years | W. Va. Code 55-2-12(b) |
| Defamation (Libel/Slander) | 1 year | W. Va. Code 55-2-12(c) |
| Trespass | 2 years | W. Va. Code 55-2-12(a) |
| Written Contract | 10 years | W. Va. Code 55-2-6 |
| Oral Contract | 5 years | W. Va. Code 55-2-6 |
| Mesne Profits (Ejectment Action) | 5-year look-back | W. Va. Code 55-4-21 |
| Judgment Enforcement | 10 years | W. Va. Code 38-3-18 |
| Foreign Judgment | 10 years | W. Va. Code 55-2-13 |
| Recovery of Land | 10 years | W. Va. Code 55-2-1 |
West Virginia Criminal Statute of Limitations
West Virginia's criminal statute of limitations governs how long prosecutors have to file charges after a crime is committed. These limits are primarily established in W. Va. Code 61-11-9.
West Virginia takes a strict approach to felony prosecutions. Almost all felonies carry no statute of limitations, meaning charges can be filed at any point, regardless of how much time has passed since the crime occurred.
Felonies
The only felony with a time limit is perjury, which carries a 3-year statute of limitations. Every other felony in West Virginia, including murder, robbery, arson, burglary, assault, drug offenses, and sexual assault, can be prosecuted at any time.
This makes West Virginia one of the most aggressive states in the country regarding felony prosecutions, as most states impose time limits on at least some non-violent felonies.
Misdemeanors
The general statute of limitations for misdemeanors in West Virginia is 1 year from the date the offense was committed, as stated in W. Va. Code 61-11-9.
There is one notable exception:
- Bribery in political and official matters: 6 years under W. Va. Code 61-5A-9
Sexual Offenses
West Virginia has eliminated the statute of limitations for all felony sexual offenses, including sexual assault in the first, second, and third degree. There is no time limit for filing criminal charges in these cases.
For civil lawsuits related to childhood sexual abuse, W. Va. Code 55-2-15 provides special extended deadlines:
- Against the perpetrator: A victim may file until age 36 (18 years after reaching the age of majority) or within 4 years of discovering the abuse, whichever is later
- Against a person or institution that aided, abetted, or concealed the abuse: A victim may file until age 36 (18 years after reaching the age of majority); the 4-year discovery alternative applies only to claims against the perpetrator, not to claims against an aiding or concealing institution
Complete Criminal Statute of Limitations Table
| Offense Type | Time Limit | Code Section |
|---|---|---|
| Murder | No limit | W. Va. Code 61-11-9 |
| Felony Sexual Assault | No limit | W. Va. Code 61-11-9 |
| Robbery | No limit | W. Va. Code 61-11-9 |
| Arson | No limit | W. Va. Code 61-11-9 |
| Burglary | No limit | W. Va. Code 61-11-9 |
| Drug Felonies | No limit | W. Va. Code 61-11-9 |
| Perjury (felony) | 3 years | W. Va. Code 61-11-9 |
| General Misdemeanors | 1 year | W. Va. Code 61-11-9 |
| Bribery (political/official) | 6 years | W. Va. Code 61-5A-9 |
Tolling and Exceptions to the Statute of Limitations
Several circumstances can pause ("toll") or extend the statute of limitations in West Virginia. Understanding these exceptions is critical for anyone approaching a filing deadline.
The Discovery Rule
West Virginia recognizes the discovery rule for many civil claims. Under this rule, the statute of limitations does not begin to run until the plaintiff knows, or through the exercise of reasonable diligence should know, of the injury and its cause.
The discovery rule applies to:
- Medical malpractice claims
- Fraud claims
- Product liability cases (when the defect is not immediately apparent)
- Other tort claims where the injury is not immediately discoverable
Disability of the Plaintiff
Under W. Va. Code 55-2-15, the statute of limitations is tolled when the injured person is under a legal disability at the time the cause of action accrues. Legal disabilities include:
- Minors (under age 18): The statute does not begin to run until the minor turns 18.
- Mentally incapacitated persons: The statute is tolled until the incapacity is removed.
A person under legal disability has a maximum of 20 years from the date of injury to file a claim.
Defendant Absence from the State
If the defendant leaves West Virginia after a cause of action accrues, the time spent outside the state does not count toward the statute of limitations. This prevents defendants from avoiding lawsuits by simply moving out of state.
Lost or Destroyed Indictments
For criminal cases, if an indictment is stolen, lost, or destroyed, a new indictment may be found within the same time limits that would have applied to the original charge. The time during which the original indictment was pending does not count against the statute of limitations.
How the Statute of Limitations Works in Practice
When Does the Clock Start?
For most civil claims, the statute of limitations begins on the date the injury or breach occurs. However, as noted above, the discovery rule can delay the start date for claims where the harm is not immediately apparent.
For criminal cases, the clock generally starts on the date the crime was committed. For ongoing criminal conduct, the statute may begin on the date of the last act in the series.
What Happens If You Miss the Deadline?
If you file a lawsuit after the statute of limitations has expired, the defendant can raise it as an affirmative defense. If the court agrees the deadline has passed, the case will be dismissed with prejudice, meaning it cannot be refiled.
For criminal cases, charges filed after the statute of limitations has run will typically be dismissed upon motion by the defense.
Can the Deadline Be Extended?
In limited circumstances, yes. The tolling provisions described above (disability, defendant absence, discovery rule) can effectively extend the deadline. However, these exceptions are narrowly construed by West Virginia courts, and the burden of proving that tolling applies falls on the person seeking the extension.
More West Virginia Laws
Frequently Asked Questions
What is the statute of limitations for personal injury in West Virginia?
West Virginia allows 2 years from the date of injury to file a personal injury lawsuit under W. Va. Code 55-2-12(b). This applies to car accidents, slip and fall cases, premises liability, and most other negligence claims.
Is there a statute of limitations on felonies in West Virginia?
Almost all felonies in West Virginia have no statute of limitations, meaning charges can be filed at any time. The only exception is perjury, which carries a 3-year limit under W. Va. Code 61-11-9.
How long do I have to file a breach of contract claim in West Virginia?
For written contracts, you have 10 years to file a breach of contract lawsuit. For oral contracts, the deadline is 5 years. Both deadlines are set by W. Va. Code 55-2-6.
Does West Virginia have a discovery rule for the statute of limitations?
Yes. West Virginia recognizes the discovery rule, which delays the start of the statute of limitations until the plaintiff knows or reasonably should know about the injury and its cause. This rule applies to medical malpractice, fraud, and certain product liability claims.
What is the statute of limitations for medical malpractice in West Virginia?
Medical malpractice claims must be filed within 2 years of the injury or 2 years of when the injury was discovered, whichever is later, under W. Va. Code 55-7B-4. However, no claim can be filed more than 10 years after the date of the medical injury (the statute of repose).
Updates
Added the missing statutory citation for the childhood sexual abuse civil filing deadlines: W. Va. Code 55-2-15 confirms both figures already on the page -- 18 years after reaching the age of majority (age 36), or 4 years after discovery, whichever is later, against the perpetrator; age 36 flat against a person or institution that aided, abetted, or concealed the abuse, with no discovery extension for that claim.
Independently fact-checked against the cited primary sources
Corrected credit-card and medical-debt deadlines that were presented as a settled 10 years; West Virginia law does not clearly settle this, so the page now explains both possible outcomes.
Removed an invented 5-year color-of-title adverse possession rule mis-anchored to a forcible-entry statute; corrected judgment enforcement to cite only the statute that actually covers judgments (38-3-18, not 55-2-6, which excludes them); and corrected a mischaracterized rent-collection deadline to accurately describe the narrow ejectment mesne-profits provision it's based on.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
West Virginia Code
§ 38-3-18Limitations on enforcement of judgments.In forcecited in 2 of our articles
(a) On a judgment, execution may be issued within ten years after the date thereof. Where execution issues within ten years as aforesaid, other executions may be issued on such judgment within ten years from the return day of the last execution issued thereon, on which there is no return by an officer, or which has been returned unsatisfied. (b) For any order for child support in an action filed on and after the amendment and reenactment of this section during the 2008 legislative session, an execution may be issued upon a judgment for child support, as those terms are defined in chapter forty-eight of this code, within ten years after the emancipation of the child: Provided, That in cases where the support order is for more than one child, the limitations set forth in subsection (a) of this section commence when the youngest child who is the subject of the order on which the execution is based reaches the age of eighteen or is otherwise legally emancipated.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Dotson v. Heckert (Court of Appeals for the Fourth Circuit 2001)“…judgment under West Virginia law had expired in 1993 under W. Va. Code §§ 38-3-18. In connection with the collection atte…”
- Johns v. Mannington Home Center, Inc. (United States Bankruptcy Court, N.D. West Virginia 2022)“…ht on any judgment . . . after the time prescribed in [W. Va. Code § 38-3-18], except that in computing the time, an…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 55-2-1Entry upon or recovery of lands.In forcecited in 5 of our articles
No person shall make an entry on, or bring an action to recover, any land, but within ten years next after the time at which the right to make such entry or to bring such action shall have first accrued to himself or to some person through whom he claims.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1975
Opinions citing this section in our collection:
- Payne v. Weirton Steel Company (District Court, N.D. West Virginia 1975, 397 F. Supp. 192)“…ch default.” (parentheses added). Plaintiff suggests W.Va.Code § 55-2-1 et seq. as being more anal…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: West Virginia Squatters Rights and Adverse Possession Laws (2026), Squatters Rights by State: Adverse Possession Laws (2026)
§ 55-2-12Personal actions not otherwise provided for.In forcecited in 16 of our articles
Every personal action for which no limitation is otherwise prescribed shall be brought: (a) Within two years next after the right to bring the same shall have accrued, if it be for damage to property; (b) within two years next after the right to bring the same shall have accrued if it be for damages for personal injuries; and (c) within one year next after the right to bring the same shall have accrued if it be for any other matter of such nature that, in case a party die, it could not have been brought at common law by or against his personal representative.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 94 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Ashley Cooper v. City of Wheeling (Court of Appeals for the Fourth Circuit 2026)“…sonal representative. W. Va. Code § 55-2-12 (emphases supplied). Co…”
- Graham County Soil & Water Conservation District v. United States Ex Rel. Wilson (Supreme Court of the United States 2005, 545 U.S. 409)“…e § 4.16.080 (2) (2004) (catchall for injuries to person); W. Va. Code §55-2-12 (Lexis 2000) (catchall); § 6C-1-4(a) (…”
- Fernando Smith v. Michael Travelpiece (Court of Appeals for the Fourth Circuit 2022, 31 F.4th 878)“…te of limitations for personal injury actions applies. See W. Va. Code § 55-2-12(b). 3 But general common-law pr…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: West Virginia Dog Bite Laws: Liability and Victim Rights, West Virginia Recording Laws (2026): One-Party Consent Rules, West Virginia Car Accident Laws: Fault, Insurance, and Your Claim
§ 55-2-13Foreign judgments and decrees.In forcecited in 2 of our articles
Every action or suit upon a judgment or decree rendered in any other state or country shall be barred, if by the laws of such state or country such action or suit would there be barred, and the judgment or decree be incapable of being otherwise enforced there. And whether so barred or not, no action against a person who shall have resided in this state during the ten years next preceding such action shall be brought upon any such judgment or decree rendered more than ten years before the commencement of such action.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 55-2-15Special and general savings as to persons under disability.In forcecited in 2 of our articles
(a) A personal action for damages resulting from sexual assault or sexual abuse of a person who was an infant at the time of the act or acts alleged, shall be brought against the perpetrator of the sexual assault or sexual abuse, within 18 years after reaching the age of majority, or within four years after discovery of the sexual assault or sexual abuse, whichever is longer. A personal action for damages resulting from sexual assault or sexual abuse of a person who was an infant at the time of the act or acts alleged shall be brought against a person or entity which aided, abetted, or concealed the sexual assault or sexual abuse within 18 years after reaching the age of majority.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Bell v. Board of Educ. of County of Fayette (District Court, S.D. West Virginia 2003, 290 F. Supp. 2d 701)“…the general saving statute as to persons under disability, W. Va.Code § 55-2-15, should apply to toll the running of th…”
- Fields v. Norfolk & Southern Railway Co. (District Court, S.D. West Virginia 2012, 924 F. Supp. 2d 702)“…fs may file suit within two years after becoming full age. W. Va. Code § 55-2-15 . According to the correspondence betwe…”
- O'Neil v. Anderson (Court of Appeals for the Fourth Circuit 2010, 372 F. App'x 400)“…2 the limitations 2 In full, W. Va. Code Ann. § 55-2-15 provides: (Continued)…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 55-2-6Actions to recover on award or contract other than judgment or recognizance.In forcecited in 4 of our articles
Every action to recover money, which is founded upon an award, or on any contract other than a judgment or recognizance, shall be brought within the following number of years next after the right to bring the same shall have accrued, that is to say: If the case be upon an indemnifying bond taken under any statute, or upon a bond of an executor, administrator or guardian, curator, committee, sheriff or deputy sheriff, clerk or deputy clerk, or any other fiduciary or public officer, within ten years; if it be upon any other contract in writing under seal, within ten years; if it be upon an award, or upon a contract in writing, signed by the party to be charged thereby, or by his agent, but not under seal, within ten years; and if it be upon any other contract, express or implied, within five years, unless it be an action by one party against his copartner for a settlement of the partnership accounts, or upon accounts concerning the trade or merchandise between merchant and merchant, their factors or servants, where the action of account would lie, in either of which cases the action may be brought until the expiration of five years from a cessation of the dealings in which they are…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Duttine v. Savas (District Court, S.D. West Virginia 1978, 455 F. Supp. 153)“…statutory period, as conceded by the parties, is ten years. W.Va.Code § 55-2-6 (1961). It is thus clear that the statu…”
- Phillip Alig v. Rocket Mortgage, LLC (Court of Appeals for the Fourth Circuit 2022, 52 F.4th 167)“…a ten- year limitations period—are time-barred. See W. Va. Code § 55-2-6. 11 Af…”
- Phillip Alig v. Quicken Loans Inc. (Court of Appeals for the Fourth Circuit 2021, 990 F.3d 782)“…ject to a ten- year limitations period—are time-barred. See W. Va. Code § 55-2-6. 11 After a 2015 amend…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: West Virginia Debt Collection Laws: The 20% Cap, a Real Cure Right, and a Deficiency Cutoff, West Virginia Final Paycheck Laws: Double Damages and the 7-Day Safe Harbor
§ 55-4-21Mesne profits and damages.In forcecited in 2 of our articles
If the plaintiff file with his declaration a statement of the profits and other damages which he means to demand, and the jury find in his favor, they shall at the same time, unless the court otherwise order, assess the damages for mesne profits of the land for any period not exceeding five years previous to the commencement of the suit until the verdict, and also the damages for any destruction or waste of the buildings or other property during the same time for which the defendant is chargeable.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 55-7-6By whom action for wrongful death to be brought; amount and distribution of damages; period of limitation.In forcecited in 12 of our articles
(a) Every such action shall be brought by and in the name of the personal representative of such deceased person who has been duly appointed in this state, or in any other state, territory or district of the United States, or in any foreign country, and the amount recovered in every such action shall be recovered by said personal representative and be distributed in accordance herewith. If the personal representative was duly appointed in another state, territory or district of the United States, or in any foreign country, such personal representative shall, at the time of filing of the complaint, post bond with a corporate surety thereon authorized to do business in this state, in the sum of $100, conditioned that such personal representative shall pay all costs adjudged against him or her and that he or she shall comply with the provisions of this section. The circuit court may increase or decrease the amount of said bond, for good cause.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 20 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Thomas v. Brooks Run Min. Co., LLC (District Court, S.D. West Virginia 2007, 504 F. Supp. 2d 121)“…ere are no living beneficiaries. (Doc. No. 11 at 7) (citing W.Va. Code § 55-7-6(b)). However, a plain reading of sectio…”
- Panagopoulous v. Martin (District Court, S.D. West Virginia 1969, 295 F. Supp. 220)“…g standards for measuring recovery. The applicable statute (W.Va. Code 55-7-6) provides in pertinent part as follows:…”
- Mosser v. Fruehauf Corp. (Court of Appeals for the Fourth Circuit 1991, 940 F.2d 77)“…or for sorrow and solace in a wrongful death case, see W.Va. Code § 55-7-6 (1981 & Supp.1991) — in particular are…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Medical Malpractice Laws in West Virginia (2026): Caps & Deadlines, Motorcycle Accident Laws in West Virginia (2026): Deadlines, Truck Accident Laws in West Virginia (2026): Deadlines & Liability
§ 55-7B-4Health care injuries; limitations of actions; exceptions; venue.In forcecited in 6 of our articles
(a) A cause of action for medical injury to a person alleging medical professional liability against a health care provider, except a nursing home, assisted living facility, their related entities or employees, or a distinct part of an acute care hospital providing intermediate care or skilled nursing care or its employees, arises as of the date of medical injury, except as provided in subsection (c) of this section, and must be commenced within two years of the date of such injury or death, or within two years of the date when such person discovers, or with the exercise of reasonable diligence, should have discovered such medical injury, whichever last occurs: Provided, That in no event shall any such action be commenced more than 10 years after the date of medical injury.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Johnson v. West Virginia University Board of Governors (District Court, S.D. West Virginia 2022)“…the applicable two-year statute of limitations set forth in W. Va. Code §55-7B-4.6 (ECF No. 3 6 WVU Medical Corporati…”
- Clark v. Dankwa (District Court, N.D. West Virginia 2025)“…v. Duvert, 895 S.E.2d 76, 78 (W. Va. 2023) (quoting W. Va. Code § 55-7B-4). At the earliest, the statute of limi…”
- Braxton v. City of Buckhannon (District Court, N.D. West Virginia 2021)“…est Virginia’s Medical Professional Liability Act (“MPLA”). W. Va. Code § 55-7B-4(a). As with the claim under 42 U.S.C. §…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: West Virginia Medical Records Retention Laws (2026 Guide)
§ 61-11-26Expungement of certain criminal convictions; procedures; effect.In forcecited in 6 of our articles
(a) Eligibility for expungement. — (1) Misdemeanors. — Subject to the limitations set forth in this section, a person convicted of a misdemeanor offense or offenses may, pursuant to the provisions of this section, petition the circuit court in which the conviction or convictions occurred for expungement of the conviction or convictions and the records associated with the conviction or convictions. (2) Nonviolent felonies. — Subject to the limitations set forth in this section, a person convicted of a nonviolent felony offense or offenses arising from the same transaction or series of transactions may, pursuant to the provisions of this section, petition the circuit court in which the conviction or convictions occurred for expungement of the conviction or convictions and the records associated with the conviction or convictions. (b) Temporal requirements. — (1) Misdemeanor. — A person is not eligible for expungement pursuant to subdivision (1), subsection (a) of this section until one year after conviction, completion of any sentence of incarceration or completion of any period of supervision, whichever is later in time. (2) More than one misdemeanor.
Official text (excerpt) · last checked 2026-09-01 · Read the full text in our law library · Verify at code.wvlegislature.gov
Also relied on in: West Virginia Background Check Laws (2026 Guide), West Virginia Expungement Laws: W. Va. Code § 61-11-26 Explained, Expungement Laws by State: How to Clear Your Record (2026)
§ 61-11-9Limitation of prosecution; lost indictment.In forcecited in 4 of our articles
A prosecution for committing or procuring another person to commit perjury shall be commenced within three years next after the perjury was committed. A prosecution for a misdemeanor shall be commenced within one year after the offense was committed: Provided, That whenever the indictment in any case shall be stolen, lost or destroyed, a new indictment may be found for the same offense mentioned in the former indictment, at the first term of the court after such theft, loss or destruction is discovered, or at the next term thereafter, and as often as any such new indictment is stolen, lost or destroyed, another indictment for the same offense may be found at the first term of the court after such theft, loss or destruction is discovered, or at the next term thereafter; and the court shall, in every case where any such indictment has been stolen, lost or destroyed, enter such fact on its record. Whenever such new indictment is found, the clerk shall add to the entry of the finding thereof the following: “This is the second (or third, etc., as the case may be) indictment found against the said ...............
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 61-5A-9Penalties; disqualification to hold office; statute of limitations for misdemeanor offenses.In forcecited in 2 of our articles
(a) Any person who violates any of the provisions of section three of this article shall be guilty of a felony, and, upon conviction thereof, shall be punished, if an individual, by imprisonment in the penitentiary not less than one nor more than ten years, and, if a corporation, by a fine of not exceeding $50,000. Any person convicted of violating any of the provisions of section three of this article shall also be forever disqualified from holding any office or position of honor, trust or profit of government in this state. (b) Any person who violates any of the provisions of section four of this article shall be guilty of a misdemeanor, and, upon, conviction thereof, shall be punished by confinement in jail not less than three months nor more than one year or by a fine of not exceeding $5,000 or, in the discretion of the court, by both such confinement and fine.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
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Sources and References
- W. Va. Code 55-2-12 - Personal actions not otherwise provided for(code.wvlegislature.gov).gov
- W. Va. Code 55-2-6 - Contract limitation period (excludes judgments)(code.wvlegislature.gov).gov
- W. Va. Code 61-11-9 - Criminal limitation of prosecution(code.wvlegislature.gov).gov
- W. Va. Code 55-7-6 - Wrongful death actions and limitations(code.wvlegislature.gov).gov
- W. Va. Code 55-7B-4 - Medical malpractice statute of limitations(code.wvlegislature.gov).gov
- W. Va. Code 55-2-15 - Tolling for persons under disability(code.wvlegislature.gov).gov
- W. Va. Code 61-5A-9 - Bribery limitation period(code.wvlegislature.gov).gov
- W. Va. Code 55-2-1 - Real property actions limitation(code.wvlegislature.gov).gov
- W. Va. Code 55-4-21 - Mesne profits limitation (ejectment action)(code.wvlegislature.gov).gov
- W. Va. Code 55-2-13 - Foreign judgment enforcement(code.wvlegislature.gov).gov
- W. Va. Code 38-3-18 - Judgment enforcement period(code.wvlegislature.gov).gov