## How the limitation period applies

The controlling primary authority for US-WV medical malpractice SOL (55-7B-4) is **55-7B-4**.

> **55-7B-4.** and must be commenced within two years of the date of such injury or death, or within two years of the date when such person discovers, or with the exercise of reasonable diligence, should have discovered such medical injury, whichever last occurs

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DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

[Open the Statute of Limitations calculator](/tools/statute-of-limitations)

## Sources

- [55-7B-4 — 55-7B-4](https://code.wvlegislature.gov/55-7B-4/)

All sources are official primary law published by `code.wvlegislature.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


Statute of limitations for medical malpractice in West Virginia — backed by real statute citations.

Statute of limitations for medical malpractice in West Virginia

An action against a political subdivision to recover damages for injury, death, or loss to persons or property allegedly caused by any act or omission in connection with a governmental or proprietary function, except as provided in subsection (b) of this section, shall be brought within two years after the cause of action arose or after the injury, death or loss was discovered or reasonably should have been discovered, whichever last occurs or within any applicable shorter period of time for bringing the action provided by this code.

ANO-831 deepen pass: per-claim source_url and raw_statute_text populated for all 14 claim_types from primary code.wvlegislature.gov sources. Three audit claims (legal_malpractice, trespass, property_damage) reviewed and confirmed against § 55-2-12 subsections.

Every action to recover money, which is founded upon an award, or on any contract other than a judgment or recognizance, shall be brought within the following number of years next after the right to bring the same shall have accrued, that is to say: If the case be upon an indemnifying bond taken under any statute, or upon a bond of an executor, administrator or guardian, curator, committee, sheriff or deputy sheriff, clerk or deputy clerk, or any other fiduciary or public officer, within ten years; if it be upon any other contract in writing under seal, within ten years; if it be upon an award, or upon a contract in writing, signed by the party to be charged thereby, or by his agent, but not under seal, within ten years; and if it be upon any other contract, express or implied, within five years.

Every personal action for which no limitation is otherwise prescribed shall be brought: (a) Within two years next after the right to bring the same shall have accrued, if it be for damage to property; (b) within two years next after the right to bring the same shall have accrued if it be for damages for personal injuries; and (c) within one year next after the right to bring the same shall have accrued if it be for any other matter of such nature that, in case a party die, it could not have been brought at common law by or against his personal representative.

(a) A cause of action for medical injury to a person alleging medical professional liability against a health care provider, except a nursing home, assisted living facility, their related entities or employees, or a distinct part of an acute care hospital providing intermediate care or skilled nursing care or its employees, arises as of the date of medical injury, except as provided in subsection (c) of this section, and must be commenced within two years of the date of such injury or death, or within two years of the date when such person discovers, or with the exercise of reasonable diligence, should have discovered such medical injury, whichever last occurs: Provided , That in no event shall any such action be commenced more than 10 years after the date of medical injury.

(a) Within two years next after the right to bring the same shall have accrued, if it be for damage to property

§55-2-12. Personal actions not otherwise provided for. Every personal action for which no limitation is otherwise prescribed shall be brought: (a) Within two years next after the right to bring the same shall have accrued, if it be for damage to property; (b) within two years next after the right to bring the same shall have accrued if it be for damages for personal injuries; and (c) within one year next after the right to bring the same shall have accrued if it be for any other matter of such nature that, in case a party die, it could not have been brought at common law by or against his personal representative.

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

(d) Every such action shall be commenced within two years after the death of such deceased person, subject to the provisions of section eighteen, article two, chapter fifty-five. The provisions of this section shall not apply to actions brought for the death of any person occurring prior to July 1, 1988.

If any person to whom the right accrues to bring any personal action other than an action described in subsection (a) of this section, suit, or scire facias, or any bill to repeal a grant, shall be, at the time the same accrues, an infant or insane, the same may be brought within the like number of years after his or her becoming of full age or sane that is allowed to a person having no such impediment to bring the same after the right accrues, or after such acknowledgment as is mentioned in §55-2-8 of this code, except that it shall in no case be brought after 20 years from the time when the right accrues.

Every action to recover money, which is founded upon an award, or on any contract other than a judgment or recognizance, shall be brought within the following number of years next after the right to bring the same shall have accrued, that is to say: If the case be upon an indemnifying bond taken under any statute, or upon a bond of an executor, administrator or guardian, curator, committee, sheriff or deputy sheriff, clerk or deputy clerk, or any other fiduciary or public officer, within ten years; if it be upon any other contract in writing under seal, within ten years; if it be upon an award, or upon a contract in writing, signed by the party to be charged thereby, or by his agent, but not under seal, within ten years; and if it be upon any other contract, express or implied, within five years

If it be upon an award, or upon a contract in writing, signed by the party to be charged thereby, or by his agent, but not under seal, within ten years; and if it be upon any other contract, express or implied, within five years, unless it be an action by one party against his copartner for a settlement of the partnership accounts, or upon accounts concerning the trade or merchandise between merchant and merchant, their factors or servants, where the action of account would lie, in either of which cases the action may be brought until the expiration of five years from a cessation of the dealings in which they are interested together, but not after.

(a) A personal action for damages resulting from sexual assault or sexual abuse of a person who was an infant at the time of the act or acts alleged, shall be brought against the perpetrator of the sexual assault or sexual abuse, within 18 years after reaching the age of majority, or within four years after discovery of the sexual assault or sexual abuse, whichever is longer. A personal action for damages resulting from sexual assault or sexual abuse of a person who was an infant at the time of the act or acts alleged shall be brought against a person or entity which aided, abetted, or concealed the sexual assault or sexual abuse within 18 years after reaching the age of majority.

With respect to violations arising from consumer credit sales, consumer leases or consumer loans, or from sales as defined in article six of this chapter, no action pursuant to this subsection may be brought more than four years after the violations occurred: Provided further, That no action pursuant to this subsection to set aside a foreclosure sale of any real estate securing a consumer loan may be brought more than one year after the foreclosure sale is final.

(a) Any lien reserved by any conveyance of real estate or created by any deed of trust or mortgage on real estate expires after the following periods of time, unless suit to enforce the lien is instituted prior to expiration of the time period or unless the lien is extended as specified in subsection (b) or (e) of this section:

(1) If the final maturity date of the obligation is ascertainable from the lien instrument, the lien expires five years after that date.

(2) If the final maturity date of the obligation is not ascertainable from the lien instrument, the lien expires thirty-five years after the date of the lien instrument. However, if the lienholder rerecords the lien instrument prior to thirty-five years from the date of the lien instrument and includes a copy of the obligation secured by the lien so that the final maturity is ascertainable, the lien expires five years after the date of maturity.

(b) If an affidavit or extension notice executed by the secured party or beneficiary of the lien instrument or an amendment to the lien instrument executed by the grantor or mortgagor and the secured party or beneficiary is recorded prior to expiration of the original period of limitation, as specified in subsection (a) of this section, the period of limitation is extended as follows:

(1) If the final maturity date of the obligation, as extended, secured by the lien instrument is ascertainable from the affidavit, extension notice or amendment, the lien expires five years after the date of final maturity of the obligation, as extended.

(2) If the final maturity date of the obligation, as extended, secured by the lien instrument is not ascertainable from the affidavit, extension notice or amendment, the lien expires thirty-five years after the date of the lien instrument. However, if the lienholder rerecords the lien instrument prior to thirty-five years from the date of the lien instrument and includes a copy of the obligation secured by the lien so that the final maturity is ascertainable, the lien expires five years after the date of maturity.

(c) Any affidavit, extension notice or amendment filed pursuant to subsection (b) of this section after the effective date of this section, shall include, but is not limited to, the following:

(1) The unpaid balance of the debt and interest secured by the lien instrument;

(2) The final maturity date of the obligation, as extended; and

(3) The book and page of recordation of the original lien instrument.

The clerk of the county commission shall record and index any affidavit, extension notice or amendment in the same manner as the original lien instrument and shall note that filing on the margin of the page where the original lien instrument is recorded.

(d) If the lien instrument shows that it secures an obligation payable in installments and the maturity date of the final installment of the obligation is ascertainable from the lien instrument, the time runs from the maturity date of the final installment.

(e) For purposes of this section only, a lien instrument securing an obligation which is payable on demand expresses no maturity date.

(f) Nothing in this section extinguishes any lien which was reserved or created and in effect prior to July 1, 1998. With respect to any lien reserved or created and in effect prior to July 1, 1998, the lien is valid for twenty years after its stated maturity, or if no maturity date is stated in the lien instrument, for thirty-five years after the date of the lien instrument.

(g) The periods of limitation created by this section may be extended only as provided in this section and may not be extended by any other method or by operation of law.

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party s lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

Where a cause of action is based on tort or on a claim of fraud, the statute of limitations does not begin to run until the injured person knows, or by the exercise of reasonable diligence should know, of the nature of his injury, and determining that point in time is a question of fact to be answered by the jury.

A suit to enforce a deed of trust or mortgage on real estate in West Virginia must be instituted before the lien expires under W. Va. Code § 55-2-5. The default period is five years after the final maturity date of the secured obligation, with a thirty-five-year fallback when the maturity date is not ascertainable from the instrument. The general 10-year written-contract SOL in § 55-2-6 governs actions on the underlying note but does not control the lien-enforcement timing addressed by the more 

Under W. Va. Code § 55-2-12(b), every personal action for damages for personal injuries (for which no other limitation is prescribed) must be brought within two years after the right to bring it accrues. The same section also sets 2-year limits for property-damage actions (a) and a 1-year limit for non-survivable common-law actions (c). Wrongful death runs under § 55-7-6 (separately, 2yr).

Personal injury actions in West Virginia, including employment discrimination claims, must be commenced within two years after the cause of action accrues, unless a different limitation is otherwise prescribed.

A West Virginia civil action to enforce rights under the West Virginia Human Rights Act (W. Va. Code §§ 5-11-1 to -20) — including claims of discriminatory discharge, failure to hire, hostile work environment, and other unlawful employment practices — is subject to the catch-all two-year limitations period at W. Va. Code § 55-2-12, because the HRA does not specify its own civil-court limitations period. The limitations clock begins to run on the date the plaintiff first learns of the adverse emp

Statute of limitations for personal injury in US-WV is 2 years under W. Va. Code § 55-2-12(b).

Statute of limitations for state employment discrimination in US-WV is 2 years under W. Va. Code § 55-2-12.

Statute of limitations for mortgage foreclosure in US-WV is 5 years under W. Va. Code § 55-2-5.

Statute of limitations for wrongful death in US-WV is 2 years under W. Va. Code § 55-7-6.

Statute of limitations for medical malpractice in US-WV is 2 years under W. Va. Code § 55-7B-4.

Statute of limitations for legal malpractice in US-WV is 2 years under W. Va. Code § 55-2-12.

Statute of limitations for product liability in US-WV is 2 years under W. Va. Code § 55-2-12.

Statute of limitations for premises liability in US-WV is 2 years under W. Va. Code § 55-2-12.

Statute of limitations for fraud in US-WV is 2 years under W. Va. Code § 55-2-12.

Statute of limitations for property damage in US-WV is 2 years under W. Va. Code § 55-2-12.

Statute of limitations for trespass in US-WV is 2 years under W. Va. Code § 55-2-12.

Statute of limitations for breach written contract in US-WV is 10 years under W. Va. Code § 55-2-6.

Statute of limitations for breach oral contract in US-WV is 5 years under W. Va. Code § 55-2-6.

Statute of limitations for ucc sale of goods in US-WV is 4 years under W. Va. Code § 46-2-725.

Statute of limitations for libel in US-WV is 1 year under W. Va. Code § 55-2-12.

Statute of limitations for slander in US-WV is 1 year under W. Va. Code § 55-2-12.

Statute of limitations for state employment discrimination in west virginia is 2 years under W. Va. Code § 55-2-12.

state_employment_discrimination SOL in US-WV: 2 years

West Virginia Code § 55-2-12 imposes a 2-year limitations period on personal actions including tort claims for damages to property or personal injuries; tortious interference with business relations falls within this 2-year window.

A civil claim arising from domestic violence is a personal-injury action governed by W. Va. Code § 55-2-12(b), the general personal-injury limitations statute, requiring suit within 2 years.

A civil claim for adult sexual assault or rape in West Virginia is a personal-injury action for which no other limitation is prescribed; under W. Va. Code § 55-2-12(b) it must be brought within two (2) years after the right to bring the action accrued.

A 42 U.S.C. Section 1983 civil rights claim arising in West Virginia borrows the state's 2-year personal-injury limitations period and must be brought within two years under W. Va. Code § 55-2-12(b).

In US-WV, the limitation rule for state employment discrimination is governed by W. Va. Code § 55-2-12.

W. Va. Code § 55-2-15(b) expressly tolls the SOL for plaintiffs who are infants (minors) or insane at the time the right accrues; they may bring suit within the same period after reaching full age or sanity, with a 20-year outer limit from accrual.

W. Va. Code § 55-2-17 tolls the SOL when a defendant who previously resided in WV departs the state, absconds, conceals himself, or by other indirect means obstructs prosecution. Departure from state is an enumerated form of obstruction under the plain text; value confirmed true.

W. Va. Code § 55-2-17 expressly tolls the SOL when a defendant absconds or conceals himself; 'absconding or concealing himself' is explicitly enumerated in the statute as a form of obstruction of prosecution.

WV has a common-law discovery rule established in Stemple v. Dobson (1990): SOL does not begin until the injured person knows or reasonably should know of their injury. The five-step accrual framework in Dunn v. Rockwell (2009) incorporates discovery rule as step 3. W. Va. Code § 55-2-12 contains no discovery language itself; the rule is entirely judge-made. The 10-year max_years_from_incident reflects the medical malpractice statute of repose (§ 55-7B-4), not a general statutory cap.

If any person to whom the right accrues to bring any such personal action, suit or scire facias, or any such bill to repeal a grant, shall be, at the time the same accrues, an infant or insane, the same may be brought within the like number of years after his or her becoming of full age or sane that is allowed to a person having no such impediment to bring the same after the right accrues, or after such acknowledgment as is mentioned in section eight of this article, except that it shall in no case be brought after twenty years from the time when the right accrues.

Every such action shall be commenced within two years after the death of such deceased person, subject to the provisions of section eighteen, article two, chapter fifty-five.

Where any such right as is mentioned in this article shall accrue against a person who had before resided in this state, if such person shall, by departing without the same, or by absconding or concealing himself or by any other indirect ways or means, obstruct the prosecution of such right, or if such right has been or shall be hereafter obstructed by war, insurrection or rebellion, the time that such obstruction may have continued shall not be computed as any part of the time within which the said right might or ought to have been prosecuted.

Statute of limitations for medical malpractice in West Virginia

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