Statutes of limitations are laws enacted by a State’s Legislature to establish an outside limit on when a lawsuit can be filed for a specific type of claim. Statutes of limitations (or “limitations periods”) vary from State-to-State. If a lawsuit is filed outside the limitations period for the type of claim you are bringing, your claim may be lost forever. For that reason, among others, it is important for you to seek the assistance of a lawyer as soon as possible after you realize that you may have been harmed by someone else’s wrongful conduct.
Currently, in West Virginia, the limitations period for a personal injury arising out of an automobile accident, or another type of incident, is typically two years from the date of the accident or incident.
If you are talking with the at-fault party’s insurance company about a personal injury you suffered without the assistance of a lawyer, the claims adjuster is supposed to give you a written warning before the two-year limitations period expires. However, you cannot rely on the insurance company to give that warning. It is important for you to pay close attention to the deadline for filing a lawsuit in your case.
If you have questions about the applicable statute of limitations for your claim, the lawyers at Cooper Law Offices can help.