Overview of the Discovery Rule
Miley Legal Group
In order for an individual to pursue a civil action lawsuit against another party, they must do it within the timeframe of their state’s statute of limitations. If it is not done during that timeframe then an injured party will be unable to recover damages for injuries they have sustained.
While most civil action lawsuits have a set statute of limitations, there is another component that can come into play known as the discovery rule.
In the state of West Virginia, the statute of limitations for a medical malpractice case is 2 years. For example, if an individual was injured on October 1, 2009 they would have until October 1, 2011 to file a medical malpractice lawsuit.
However not all injuries present themselves immediately after an accident. Sometimes an individual will not discover an injury until months or even years later. This is where the discovery rule comes into play. According to the discovery rule, the statute of limitations is from the date the actual injury was discovered or should have been discovered.
So if an individual was injured on October 1, 2009 but did not discover their injury until 6 months later, March 1, 2010, they would then have until March 1, 2012 to file a lawsuit.
How a Clarksburg Personal Injury Attorney Can Help
Depending on the type of lawsuit being filed, there are specific laws concerning statute of limitations in West Virginia. Contact a Clarksburg personal injury lawyer who can advise you of them and assist you with your lawsuit
If you have been injured because of somebody else’s negligence, don’t hesitate to seek justice. The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a FREE consultation – 304-326-1800.