Statute of Limitations in West Virginia

How long do you have to file a lawsuit in West Virginia? In West Virginia, the statute of limitations is 2 years for personal injury, 10 years for written contracts and 1 year for defamation; most other civil claims fall between 1 and 10 years. Every period below is linked to its official West Virginia statute.

2 yrs injury 10 yrs contracts 1 yr defamation Official citations Verified Jun 13, 2026

This tool provides estimates for general informational purposes only and is not legal advice. Limitation periods depend on discovery rules, tolling, statutes of repose, and the specific facts. Always verify against the cited statute or consult a West Virginia attorney.

West Virginia statute of limitations by claim type

Every West Virginia civil deadline below is quoted from the statute and linked to its official text. Verified Jun 13, 2026 against the official West Virginia statutes (code.wvlegislature.gov).

West Virginia statute of limitations by claim type
Claim type	Limitation period	Statute	Notes
Personal injury	2 years	W. Va. Code § 55-2-12(b)
Wrongful death	2 years	W. Va. Code § 55-7-6(d)	2 years from death
Written contract	10 years	W. Va. Code § 55-2-6	signed writing; any other contract 5 yrs
Oral contract	5 years	W. Va. Code § 55-2-6
Property damage	2 years	W. Va. Code § 55-2-12(a)
Medical malpractice	2 years	W. Va. Code § 55-7B-4	2 yrs from injury or discovery; 10-year repose
Defamation (libel/slander)	1 year	W. Va. Code § 55-2-12(c)
Debt collection	10 years	W. Va. Code § 55-2-6	signed writing; oral 5 yrs

Enter a date of incident in the lookup above to estimate your exact filing deadline and add a reminder to your calendar.

West Virginia deadlines at a glance

In West Virginia, civil filing deadlines run from 1 year (defamation) to 10 years (written contract and debt collection). Its 2 years personal-injury deadline is in line with most states.

Several West Virginia claims carry specific accrual, discovery, or repose rules worth noting:

Wrongful death (2 years): 2 years from death (W. Va. Code § 55-7-6(d)).
Written contract (10 years): signed writing; any other contract 5 yrs (W. Va. Code § 55-2-6).
Medical malpractice (2 years): 2 yrs from injury or discovery; 10-year repose (W. Va. Code § 55-7B-4).
Debt collection (10 years): signed writing; oral 5 yrs (W. Va. Code § 55-2-6).

New to limitation periods? Read what a statute of limitations is: how the clock accrues, the discovery rule, and tolling.

The most-searched West Virginia deadlines

Personal injury & car accidents: 2 years. Injury claims must be filed within 2 years of the incident (W. Va. Code § 55-2-12(b)).
Debt: 10 years. Most debt is time-barred after 10 years (W. Va. Code § 55-2-6). A payment or written acknowledgment can restart the clock, so respond to a collector with a validation or dispute letter. Find a letter template →
Defamation: 1 year. Libel and slander (W. Va. Code § 55-2-12(c)).
Contracts: 10 years. Written agreements (W. Va. Code § 55-2-6).

Count the exact filing date

A limitation period gives you the year; the deadline calculator counts the precise date (answer windows, court days, and holidays included) and exports it to your calendar.

Open the West Virginia deadline calculator →

Statute of limitations in other states

Limitation periods differ in every state. Browse the full 50-state lookup, or jump to a nearby state.

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Nearby states: Kentucky · Maryland · Ohio · Pennsylvania · Virginia · California

West Virginia statute of limitations FAQ

How long do you have to file a lawsuit in West Virginia?

It depends on the claim. In West Virginia, personal injury is 2 years (W. Va. Code § 55-2-12(b)); written contract is 10 years (W. Va. Code § 55-2-6); defamation is 1 year (W. Va. Code § 55-2-12(c)). See the table above for every claim type, each linked to its official statute.

What is the statute of limitations in West Virginia?

A statute of limitations is the legal deadline to start a lawsuit, and in West Virginia it varies by claim type: 2 years for personal injury, 10 years for written contracts and 1 year for defamation, with most other civil claims between 1 and 10 years. The clock generally starts when the claim accrues. Every period is linked to its official West Virginia statute above.

What is the statute of limitations for a car accident in West Virginia?

A car-accident injury claim is a personal injury claim, so the West Virginia deadline is 2 years from the date of the accident under W. Va. Code § 55-2-12(b).

What is the statute of limitations on debt in West Virginia?

In West Virginia, most debt has a statute of limitations of 10 years under W. Va. Code § 55-2-6. After it expires the debt is time-barred and a collector generally cannot win a lawsuit to force payment. A payment or written acknowledgment can restart the clock, so be careful on an old debt.

What is the statute of limitations for medical malpractice in West Virginia?

2 years under W. Va. Code § 55-7B-4 (2 yrs from injury or discovery; 10-year repose).

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