West Virginia at a glance
West Virginia allows two years for personal injuries.[1] A plaintiff whose fault is greater than the combined fault of all others cannot recover.[2] Drivers must carry at least $25,000/$50,000 in bodily injury coverage.[3]
Filing deadlines
W. Va. Code § 55-2-12
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
Source: [1]
In plain English, most injury lawsuits in West Virginia must be filed within two years.[1]
Shared fault
W. Va. Code § 55-7-13c(c)
Any fault chargeable to the plaintiff shall not bar recovery by the plaintiff unless the plaintiff’s fault is greater than the combined fault of all other persons responsible for the total amount of damages, if any, to be awarded. If the plaintiff’s fault is less than the combined fault of all other persons, the plaintiff’s recovery shall be reduced in proportion to the plaintiff’s degree of fault.
Source: [2]
This is modified comparative fault, often called the 51% bar. An injured person who is 50% or less at fault can recover damages reduced by their share; one who is more at fault than the parties the statute compares them to cannot recover.
Auto insurance requirements
Beginning January 1, 2016, W. Va. Code § 17D-4-2 requires “$25,000 because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, in the amount of $50,000 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $25,000 because of injury to or destruction of property of others.”[3] West Virginia is not one of the no-fault states.[4]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
Frequently asked questions
How long do I have to file a head injury lawsuit in West Virginia?
In plain English, most injury lawsuits in West Virginia must be filed within two years.[1]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- W. Va. Code § 55-2-12. West Virginia Legislature. https://code.wvlegislature.gov/email/55-2/
- W. Va. Code § 55-7-13c. West Virginia Legislature. https://code.wvlegislature.gov/email/55-7-13c/
- W. Va. Code § 17D-4-2. West Virginia Legislature. https://code.wvlegislature.gov/17D-4-2/
- Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
Sources last checked: October 11, 2026
