How long do I have to file a claim if I have been injured in an accident?
Miley Legal Group
In West Virginia, the law states that you generally have two years from when the accident occurred to file a claim, this is called the statute of limitations. This means that from the date of the accident, you have two years to file. In most cases, you will have completed your medical treatment and will be ready to file a claim, however that is not always the case. There are exceptions, and only an experienced attorney can assist you with determining how this applies to your case.
It is important to begin to gather information immediately after the accident and after you have received the appropriate medical care. Two years may not seem like a long time, but lots of details about the accident and your case can be forgotten in that time frame. It can become more difficult to interview witnesses, inspect evidence, request information, etc., if there is a long delay between when an accident occurs and when a claim is filed. So it is recommended that we begin the process in a timely manner.
Remember above all, your health and well being are the utmost important to us. We encourage you to receive all of the necessary medical attention you or your loved ones may need as soon as possible.
If you have any additional questions or concerns, contact us for answers.