As a Morgantown personal injury lawyer, I’ve seen many accident victims miss out on justice simply because they waited too long to take legal action. Understanding the statute of limitations for your case is incredibly important if you’ve been injured in West Virginia.
The statute of limitations sets a deadline for how long you have to file a lawsuit after an accident or injury occurs. If you miss this deadline, you could lose your right to seek compensation through the court system.
In this article, I’ll break down the statutes of limitations for different types of accident and injury cases that I handle at Desai Law. My goal is to help you understand these important deadlines so you don’t miss your chance to pursue the compensation you deserve.
Motor Vehicle Accidents
In West Virginia, most motor vehicle accident cases fall under the general personal injury statute of limitations. This includes car accidents, truck accidents, motorcycle accidents, boat accidents, ATV accidents, rideshare accidents, and even airplane accidents. According to West Virginia Code §55-2-12, you have two years from the date of the accident to file a lawsuit.
For drunk driving accidents, the same two-year statute of limitations applies to civil cases. However, it’s important to note that any criminal charges against the drunk driver operate on a separate timeline and don’t affect your deadline for filing a civil lawsuit.
Sexual Harassment
Workplace sexual harassment cases can be complex when it comes to statutes of limitations. If you’re filing a complaint with the Equal Employment Opportunity Commission (EEOC), you generally have 300 days from the date of the alleged harassment to file. However, if you’re filing a lawsuit in state court under the West Virginia Human Rights Act, you have two years from the date of the last incident of harassment.
These deadlines can be confusing, and there may be additional requirements depending on your specific situation. That’s why it’s important to consult with a Morgantown personal injury lawyer as soon as possible if you’ve experienced workplace sexual harassment.
Insurance Cases
For insurance-related cases, such as bad faith insurance claims, homeowners insurance disputes, or claims related to property damage (including flood, hail, and wind damage), the statute of limitations can vary depending on the specific circumstances.
If your case is based on a written contract (like your insurance policy), West Virginia Code §55-2-6 provides a 10-year statute of limitations. However, if your claim is based on the insurance company’s bad faith conduct, the two-year personal injury statute of limitations may apply.
Given the intricacy of insurance cases, it’s best to consult with me as soon as you encounter issues with your insurance company. Waiting too long could jeopardize your right to seek compensation.
Medical Negligence
Medical malpractice cases, including those involving nursing home abuse, have specific statutes of limitations in West Virginia. According to West Virginia Code §55-7B-4, you generally have two years from the date of injury to file a lawsuit. However, there’s also a “discovery rule” which states that the two-year period begins when you discovered, or reasonably should have discovered, the injury.
Medical negligence cases can be particularly difficult, so it’s important to consult with a Morgantown personal injury lawyer as soon as you suspect you may have been a victim of medical malpractice or nursing home abuse.
Other Injury Cases
For other types of injury cases, including slip and fall accidents, pedestrian accidents, bicycle accidents, burn injuries, spinal cord injuries, and cases involving traumatic brain injury, the general two-year statute of limitations for personal injury cases applies.
Oil and gas worker injury cases can be complex because they may involve workers’ compensation laws as well as potential third-party liability claims. For workers’ compensation claims, you must notify your employer within six months of the injury, and you have two years from the date of injury to file a claim. For third-party liability claims, the general two-year personal injury statute of limitations typically applies.
Why You Shouldn’t Wait Until the Deadline
While knowing the statute of limitations for your case is important, it’s equally important to understand why you shouldn’t wait until the last minute to take legal action. Acting promptly helps preserve evidence, as over time, physical evidence can be lost or destroyed, and witnesses’ memories can fade. Insurance companies often use delay tactics to their advantage, so the longer you wait, the more opportunities they have to dispute your claim.
Starting your case sooner can help you get the financial relief you need more quickly, especially if you’re facing medical bills and lost wages. It can also provide peace of mind, as legal proceedings can be stressful, and the sooner you start, the sooner you can resolve your case and move forward with your life. Lastly, giving yourself plenty of time allows for a more thorough and careful approach to your case, reducing the risk of mistakes that might occur when rushing to meet a deadline.
How I Can Help as Your Morgantown Personal Injury Lawyer
Navigating statutes of limitations and building a strong personal injury case can be challenging, especially when you’re dealing with the aftermath of an accident or injury. That’s where I come in.
As your Morgantown personal injury lawyer, I can accurately determine the statute of limitations for your specific case, investigate your accident and gather evidence before it’s lost or destroyed, handle all communication with insurance companies and opposing counsel, ensure all necessary paperwork is filed correctly and on time, and build a strong case to maximize your chances of fair compensation.
At Desai Law, I understand that every case is unique. I take the time to understand your specific situation and tailor my approach to your needs. My goal is not just to meet deadlines but to build the strongest possible case for you.
Contact a Morgantown Personal Injury Lawyer for a Free Consultation
Have you been injured in an accident in Morgantown or elsewhere in West Virginia? Don’t wait until it’s too late to seek justice. Contact Desai Law today for a free consultation. I’ll help you understand the deadlines that apply to your case and fight tirelessly to get you the compensation you deserve.
Call me at (304) 974-1974 or visit my website to schedule your free consultation. At Desai Law, your battle is worth fighting, and I’m here to help.
