After a car accident, many people do not file a lawsuit right away. In West Virginia, there is a statute of limitations when filing a car accident claim. You cannot wait too long to file a personal injury claim.
According to the West Virginia Legislature, for property damage or for personal injuries, you must file a suit within two years. Keep in mind that this does not include insurance claims. Insurance companies have their own rules and regulations regarding claims. When it comes to filing a lawsuit for car accident injuries, you must claim that the other driver is at fault. This means that he or she is liable for your injuries and damage. The important piece to remember is that you only have a specific amount of time to file a lawsuit.
If you wait beyond the two-year mark, you increase the odds of the judge throwing your case out. Most defendants will ask the court to dismiss charges if the charges exceed the statute of limitations. If you choose to resolve your case through car insurance claims, you should give yourself a large enough margin in case you cannot reach a settlement. If you need to file a lawsuit, you want to make sure that you have plenty of time to do so. No one wants to have to file a lawsuit, but if it comes down to it, you want to make sure that you have not extended beyond the statute of limitations.
None of the information presented is legal advice. Instead, it is simply to educate on the statute of limitations for actions and suits.