When you get injured in a car accident, the clock starts running on how long you have to file a claim for injury. If you don’t even know that you’re injured yet because you’re injured in a way that’s not apparent until later, such as with concussions and some other head or spinal injuries, the clock begins when you discover your injury and learn that it was caused by your car accident, or when you should have known that you were injured, that can be the date of the accident
This clock is known as the statute of limitations. It gives each person a window of time during which they can make a legal claim against another person. If your clock runs out, it doesn’t matter how serious or life altering your injury is. It doesn’t matter how big or small the injury. When the clock runs out, you can no longer make a claim. In West Virginia, residents have two years to file a claim after a car accident that leaves them with an injury. That can mean either when the accident happened or when the injury is discovered. To be safe, you must always assume that the two year period will expire two years after the accident.
West Virginia also follows comparative fault rules, which means you can bring a case even if you are partially at fault, as long as your fault in the accident is less than 50 percent. So even if you feel that you injuries may have been partially your fault, you can still recover damages.
At Bouchillon, Crossan & Colburn, L.C., our attorneys have more than 35 years dedicated to giving clients the attention, advice, support and empowerment they need to effectively meet their goals. We are committed to the principle that all persons shall have equal justice under the law. If you or a loved one has been injured and is seeking a qualified personal injury attorney, contact our Huntington, West Virginia office to speak with an attorney about your case, or call 304-521-4636.