After you have been injured in a car accident, you might think that you have plenty of time to file a claim. Unfortunately, that is not true. There is a time limit to take legal action, and if you miss that deadline, you could lose your opportunity to seek compensation for your medical bills, lost wages, and pain and suffering.
At DiPiero Simmons McGinley & Bastress, PLLC, we understand these deadlines. For that reason, we always ensure that our clients don’t lose out on much-needed compensation for their cases.
If you would like to learn what is the statute of limitations for car accident claims in West Virginia, let’s take a closer look at the law.
What This Claims Filing Deadline Means for Your Car Accident Case
There is a statute of limitations in all states, and West Virginia is no different. This is the time limit to file a claim against the at-fault party in your car accident case.
Why are there statutes of limitations?
For one, this can prevent any delay in litigation, and it allows the claim to proceed while the device is still available. If you don’t file your claim within that allotted time, you will miss out on your chance to recover compensation, and the case will be dismissed.
Not all states have the same time limitations. Some may require you to take legal action within a year of the accident, while others may allow several years to bring a case to court. Let’s look at West Virginia’s statute of limitations in car accident cases.
West Virginia’s Personal Injury Statute of Limitations
In West Virginia, if you’ve been injured in a car accident, there is a statute of limitations for personal injury claims. Under W.V. Code § 55-2-12(b), you will have a time limit of two years to bring any legal action to court. The clock starts to tick from the date of the accident.
Once again, you will need to be mindful of these time restrictions. Waiting too long to file could leave you with no options to collect damages from the responsible party, even if they are liable for the accident. For that reason, many people work with skilled and experienced car accident lawyers to make sure that their claims meet all these important deadlines. Otherwise, you could lose out on compensation for your injuries, medical bills, lost wages, and other damages.
Exceptions to the Statute of Limitations
While in most cases, the statute of limitations for filing a lawsuit is two years, there are a few exceptions under W.V. Code §55-2-15 (b).
One exception does apply to victims who are minors. If the injured individual is a minor, they have the right to file a lawsuit within two years of their 18th birthday. For example, if an individual was injured before they turned 18, they have until they turn 20 years old to file a lawsuit. Under the current state laws, this exception protects the rights of minors who may not be aware of their legal options or be unable to file a lawsuit on their own behalf.
There is another exception, which applies to those with a legal disability. Under certain circumstances, they may be granted additional time to file a lawsuit. With that, they have two years from when their legal capacity is regained to bring legal action. For instance, if a person is deemed legally disabled at the time of an injury, they may have more time to pursue legal action once they have regained their capacity.
However, there may be questions concerning the statute of limitations for these individuals, especially if they have suffered permanent debilitating injuries as a result of the car accident. For this reason, you will want to consult with a West Virginia personal injury lawyer to learn more about your options.
How a West Virginia Car Accident Lawyer Can Assist You With Timely Filing of Your Claim
With the state’s statute of limitations, you don’t want to wait to take the steps to file a claim. You might think that you have plenty of time. However, the process has multiple steps, including:
- Collecting evidence
- Investigating your claim
- Calculating intended compensation
These proceedings are more than just filing paperwork in the courthouse.
If you wait to file a claim, your legal team might have a difficult time finding witnesses or even gathering that evidence. Unfortunately, you might head to court without the strongest case on your side.
These cases are intricate, and your legal team needs the time to build every piece of the puzzle. If you rush the process, you might hurt your chances of recovering a fair amount of compensation for your injuries and losses.
At DiPiero Simmons McGinley & Bastress, PLLC, we know what these time restraints mean for car accident injury cases. Any delay could jeopardize your personal injury claim.
