West Virginia requires the driver of every motor vehicle to operate their vehicle in a reasonably safe manner. When someone fails in that duty, causes an accident and injures you in the process, they are considered legally negligent and can be held liable. Sometimes insurance will take care of things, but not always. In situations, a personal injury lawsuit may be your best shot for recovering the full amount of compensation you need to cover your medical expenses, lost wages and other damages.
Although West Virginia gives you the right to file a lawsuit, that right comes with a time limit. This is known as the statute of limitations. It means that, from the date of your accident, you have two years to file your lawsuit – if you do not, you lose the right forever.
There is also a practical time issue
Two years may sound like plenty of time but there’s another consideration – the strength of your lawsuit. Whether your lawsuit is successful depends upon the evidence available to support it. Evidence can take the form of witnesses, documents or any other thing which may be relevant to your accident. That evidence does not last forever; instead, it begins to degrade immediately. Witness memories fade and necessary documents are lost or disposed of.
If an investigation must be done in your case, to collect and preserve needed evidence, that investigation must start as soon as possible, regardless of the two-year statute of limitations. It’s the only way to ensure that your personal injury lawsuit is as strong as it can be, leading to your greatest chance of success.
