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The Statute of Limitations

Symptoms from an injury can sometimes take longer to appear, regardless of whether the injury was from a motor vehicle accident, a fall from slipping on pavement or from a faulty product. When you suffer an injury due to someone else's negligence, you may have a claim for damages, compensation or both. However, you only have a certain amount of time in which you can make your claim and that time limit may be different depending on the type of injury claimed.

The Statute of Limitations is a law that sets the time frame in which a person can bring a lawsuit against another. The deadline provided by the Statute of Limitations typically begins the day the accident or injury occurred. In West Virginia, a person has two years from that date.

Different claim, different limitation

While the limitation may be two years for personal injuries, there are different deadlines for other types of claims, such as debt collection and judgments, defamation suits or if the claim is against a government entity. Additionally, depending on the situation, the limitation may not begin running until a date you know you suffered a harm. However, this rules typically relates to medical malpractice or other torts.

How do I know if I'm within the limitation?

The Statute of Limitations is complex. Even if you believe that time has passed, it's important to speak with an attorney who is experienced with personal injury cases because he or she will know which date the limitation began and will understand the nuances of the court system as well as be able to file the appropriate documents on your behalf to avoid any potential Statute of Limitations issues. 

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