West Virginia Traumatic Brain Injury Resources & Support Programs

West Virginia residents affected by a traumatic brain injury can access advocacy, legal support, and rehabilitation funding through a network of state organizations dedicated to serving individuals with disabilities. West Virginia Advocates, Inc., based in Charleston and available by toll-free line, provides free legal assistance and rights protection for TBI survivors navigating state systems and benefit programs. The Center for Excellence in Disabilities at West Virginia University in Morgantown also serves as an important statewide resource, offering expertise and support for individuals with brain injuries and their families.

Funding for rehabilitation and behavioral health services is available through the Office of Behavioral Health and the Division of Rehabilitation Services, both part of West Virginia’s Department of Health and Human Resources. These agencies can help eligible residents access vocational support and mental health services as part of a broader recovery plan. West Virginia’s workers’ compensation statute of limitations is notably short at six months from the date of injury, so survivors who were injured on the job should act quickly to protect their rights. Families managing the financial and legal dimensions of a brain injury may benefit from reviewing how to avoid denial of benefits for TBI claims to better understand the steps that can help protect access to needed services.

Center for Excellence in Disabilities

How to use this list of West Virginia Statutes of Limitations and Repose

• “General Tort” is the statute of limitations for most personal injury or negligence claims (e.g., car accidents, slip and fall, general liability).
• “Medical Malpractice is the statute of limitations for lawsuits against healthcare providers and hospitals for alleged negligence or errors in medical care.  The phrase “from act/omission” = Time starts from the date of the alleged malpractice. The phrase “from discovery” = Time starts from when the injury was discovered or should have been discovered. The medical malpractice statute of repose is an absolute deadline after the act of malpractice, regardless of when the injury is discovered. After this period, no claim can be brought, even if the injury was not discovered until later.
•  “Products Liability”is the statute of limitations for claims involving injuries caused by defective or dangerous products. The products liability statute of repose is the maximum time after the product was manufactured, sold, or delivered that a lawsuit may be filed, regardless of when the injury occurred or was discovered.
• “Workers’ Compensation” is statute of limitations for filing a workers’ compensation claim for work-related injuries or occupational diseases.  The following phrases apply: “from injury” = Time starts from the date of the injury; “from last payment” = Time starts from the date of the last payment; “from knowledge/discovery” = Time starts from when the injury or occupational disease was, or should have been, discovered; “from first symptom” = For occupational diseases, time starts from first manifestation of symptoms; and “from act/discovery” = Whichever is later, the date of the act or the date the injury was discovered.
• Each entry includes the relevant statute citation for your further research or verification. And “N/A” means that there is no statute of repose or not applicable for that claim type in that state.

Remember that statute of limitations and repose can change, so it is essential to:

• Confirm the current law as soon as possible.
• Remember that there is no substitute for consulting an experienced attorney on a potential legal matter as soon as possible.
• Remember that the facts of the case can alter or change the Statutes of Limitations.

General Tort: W. Va. Code § 55-2-12(b) (2 years)

Medical Malpractice: W. Va. Code § 55-7B-4 (2 years from act or discovery, 10 years repose)

Products Liability: W. Va. Code § 55-2-12(b) (2 years)

Workers’ Comp: W. Va. Code § 23-4-15(a) (6 months from injury)