What is the statute of limitations for filing a product liability claim?

The statute of limitations on filing a product liability claim in the state of West Virginia is two years. Effectively, that means you have two years from the date you were injured by the defective product in which to file your claim in court. 

West Virginia also recognizes the rule of discovery, which may allow for more time to file in specific cases. Because some injuries and conditions take time to present themselves or develop, the rule of discovery states that you have a certain amount of time from the date an injury is discovered (or the date by which it reasonably should have been discovered) to file your product liability claim. The rule of discovery does not apply in all cases. 

Though the rule of discovery may provide an extension past the two-year statute of limitations, the time provided for a claim filed post-discovery is often short. That’s why Grafton injury lawyers at the Miley Legal Group recommend you begin filing your claim as soon as possible after you’ve been injured. This not only ensures you’re well within the time limit to file, but also gives you and your team enough time to build and win your case. 

Are you considering filing a product liability claim? Contact a Grafton injury lawyer immediately to ensure your case sees the utmost success. Call 1-304-326-1800 or 1-888-436-0859 to speak with an attorney at the Miley Legal Group about your legal options today. 

Want to learn more about accident claims? Order our free book, The 7 Biggest Mistakes that Can Wreck your West Virginia Car Accident Claim

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group