Hurt, wronged, or owed money
THINKING ABOUT SUING
What West Virginia law says about the time to bring a claim, by the kind of claim, and about the court that hears small ones. Every period here is one the guide already states, with the section it comes from and the law that section cites.
A period runs from the event its statute names. When that event happened, and whether anything paused the count, are facts a lawyer applies; whether a claim is worth bringing is a question for one too. Nothing here answers either.
THE TIME TO SUE
An injury to a person
Hurt in a fall, a crash, a dog bite, or by somebody's carelessness.
2 years
Suing for a personal injury
- From
- The right to bring the action accruing
A personal action for damages for personal injuries is brought within two years after the right to bring it accrued.
Damage to property
A car, a phone, a fence, or anything else damaged or taken.
2 years
Suing for damage to property
- From
- The right to bring the action accruing
A personal action for damage to property is brought within two years after the right to bring it accrued.
A written contract
A signed agreement, a lease, a written estimate or invoice.
10 years
Suing on a signed written contract
- From
- The right to bring the action accruing
An action to recover money on a contract in writing, signed by the party to be charged, is brought within ten years.
A contract not in writing
A deal made in words or a handshake, or an account with no signed paper.
5 years
Suing on a contract not in writing
- From
- The right to bring the action accruing
An action to recover money on a contract that is not in writing, express or implied, is brought within five years.
A CLAIM AGAINST THE GOVERNMENT
A claim against a public body often has a step of its own before a lawsuit, and a shorter period for it. These are the ones the West Virginia guide carries, in the order they come. A body none of them names is not covered here yet.
Step 1
At least 30 days before
Notice before suing a governmental agency
- From
- Filing the action, counted back
Written notice of the claim and the relief desired goes by certified mail to the agency's chief officer and the Attorney General at least 30 days before an action against a governmental agency is filed. Any limitation period is paused for 30 days once the notice is given.
SMALL CLAIMS COURT
The limit in West Virginia
Up to $20,000 in magistrate court
W. Va. Code § 50-2-1 — magistrate court hears civil cases up to $20,000
WHAT TO HAVE TOGETHER
Whoever looks at a claim, a lawyer, a legal aid office or a small claims clerk, works from the same handful of facts. These are the ones people are most often asked for, gathered in one place.
When and where it happened
The date, the time if you know it, and the place, as exactly as you can say it.
Who was involved
The person or business on the other side, and the name it uses on its papers or its sign.
What happened, in order
Written down while it is fresh, in your own words, with what was said.
What it cost
Bills, receipts, estimates, repair quotes, and days of work missed, each with its amount.
Photos and papers
Pictures of the place, the damage or the injury, and every letter, contract, receipt or email.
Witnesses
Who saw it, and a phone number or address for each.
Reports already made
A police or incident report, a claim number with an insurer, or a complaint to an agency.
Insurance
Your own policy, and any insurer for the other side that you have been told about.
Keep it in one place
A case keeps all of it together in your account: what happened and when, what it cost, the people involved, every photo and paper kept privately, and one folder ready to download or send to a lawyer.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed West Virginia attorney.