West Virginia

STATUTE OF LIMITATIONS

Personal Property: 2 Years

Personal Injury: 2 Years

Breach of Contract (Written): 10 Years

Breach of Contract (Oral): 5 Years

Statute of Repose (Real Property): 10 Years

Statute of Repose (Products): N/A

Breach of Warranty: 4 Years

GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS

2 year statue of limitations after cause of action accrues

PIP/MED PAY SUBROGATION

PIP: NO
MED PAY: YES
-If provided for in policy

CONTRIBUTORY NEGLIGENCE

Modified Comparative-50%
Plaintiff cannot recover if 50% or more at fault (if found to be 50% at fault, no recovery)

PARENTAL RESPONSIBILITY

Limitation on Parents’ Liability: $5,000.00

Liable when child under 18 causes willful or malicious injury or damage to property

CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT

There is generally no requirement for filing a certificate or affidavit of merit for claims against professionals

JOINT AND SEVERAL LIABILITY

JOINT AND SEVERAL LIABILITY

-Exception when defendants are less than 30 percent at fault, did not act in concert and are not liable for intentional or environmental torts

VICARIOUS LIABILITY

AGAINST OWNER OF VEHICLE: NO

MADE WHOLE DOCTRINE

Applies

DEDUCTIBLE REIMBURSEMENT

Pro-Rata for Auto

Subrogation laws are constantly changing. Dickstein Law, LLC makes every effort to keep the state specific information up to date and accurate.  However, the information may become outdated or superseded by new law over time.  The state specific information contained on this site should not be construed as legal advice by Dickstein Law, LLC.  These materials are intended as a general information resource and should not be relied on for any specific claim or situation. If you have a subrogation question or if you notice an error in the information provided on this site, please contact Brandon Dickstein at brandon@dicksteinsubro.com.