West Virginia Accident Forms - West Virginia Accident Law

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West Virginia Statute of Limitations West Virginia Automobile Accident

West Virginia has a “statutes of limitations” that set a certain time line for the right of someone to bring a lawsuit. These statutes do not apply to car insurance claims since they require you to make a claim within a reasonable time of the accident, which is typically within a matter of days or even a few weeks. A civil lawsuit must be filed within the two years from the date of the accident if anyone was injured and the timeline if there was vehicle damage is the same. You can file a wrongful death lawsuit against the person who caused the accident within two years. That time starts at the time of the victim’s death, not the time of the accident. West Virginia follows a “modified comparative negligence” rule that gives you the award for damages in a lawsuit, but it becomes reduced by your share of negligence.