West Virginia

 
West Virginia.png
 
A statute of limitations (or SOL), simply, is the maximum amount of time one has to bring a lawsuit from the time of the injury or other ground for a lawsuit.

SOLs vary from state to state and from claim to claim. For example, a SOL for a lawsuit about a contract may be different from a lawsuit about a personal injury and both may be of varying durations between different states. The statute of limitations may also be set to begin running at different times. Some SOLs begin running at the time of the injury and others begin running when the injury is discovered. In cases with minors, the SOL is “tolled” or doesn’t begin to run until the minor turns 18.

Child Sex Abuse Statutes of Limitation and Related Laws

Current Civil SOL

In West Virginia, the SOL for civil child sex abuse claims is capped at age 20 (age of majority, 18, plus 2 years). There is also a discovery rule, which allows victims to file claims up to two years after discovering an injury caused by the abuse.

SOL vs. perp: +2 years from majority = Age 20 SOL vs. employer: +2 years from majority = Age 20

Majority Tolling: Age 18 Discovery Tolling: Liberal (+2 years)

SOL : +2 years from majority or liberal discovery, subject to a 20 year SOR.


West Virginia State Law Provides:

Personal actions not otherwise provided for

Every personal action for which no limitation is otherwise prescribed shall be brought: (a) Within two years next afterthe right to bring the same shall have accrued, if it be for damage to property; (b) within two years next after the right tobring the same shall have accrued if it be for damages for personal injuries; and (c) within one year next after the right tobring the same shall have accrued if it be for any other matter of such nature that, in case a party die, it could not havebeen brought at common law by or against his personal representative.

W. Va. Code §55-2-12

TOLLING

Majority, yes. 18.

If any person to whom the right accrues to bring any such personal action, suit or scire facias, or any such bill to repeal a grant, shall be, at the time the same accrues, an infant or insane, the same may be brought within the like number of years after his becoming of full age or sane that is allowed to a person having no such impediment to bring the same after the right accrues, or after such acknowledgment as is mentioned in section eight of this article, except that it shall in no case be brought after twenty years from the time when the right accrues.
W. Va. Code § 55-2-15

Discovery, yes.

Application of discovery rule does not require a showing by the plaintiff that some action by the defendant prevented the plaintiff from knowing of the wrong at the time of the injury

Dunn v. Rockwell, 689 S.E.2d 255, 264 (W. Va. 2009)

The ‘discovery rule’ is generally applicable to all torts, unless there is a clear statutory prohibition of its application.” Syl. pt. 2, Cart v. Marcum, 188 W. Va. 241, 423 S.E.2d 644. There is no statutory prohibition to applying the discovery rule in the instant case.
Merrill v. W. Va. Dep’t of Health & Human Res., 219 W. Va. 151, 156 n.9, 632 S.E.2d 307, 312 n.9 (W. Va. 2006)

Current Criminal SOL

In West Virginia, there is no criminal SOL.

NONE, for felonies and misdemeanors. State v. King, 140 W. Va. 362, 367, 84 S.E.2d 313, 316 (W. Va. 1954) (Noting “the felony charged in the indictment is subject to no limitation.”)


West Virginia State Law Provides:

The felony charged in the indictment is subject to no limitation.
State v. King, 140 W. Va. 362, 367, 84 S.E.2d 313, 316 (W. Va. 1954)

Age of Majority: 18. See, W. Va. Code Ann. § 2-3-1.
Age of Consent: 16. See, W. Va. Code Ann. § 61-8B-2.

Age of Marriage with Parental Consent: 16 (under 16 with judicial consent).
Age of Marriage without Parental Consent: 18.
See, W. Va. Code Ann. § 48-2-301.


Medical Neglect Statute

CIVIL MEDICAL NEGLECT STATUTE

There is no religious exemption to criminal liability for parents failing to provide medical care based on faith.

West Virginia Civil Statute:
None

CRIMINAL MEDICAL NEGLECT STATUTE

A parent shall not be held liable for murder, child neglect, or child neglect resulting in death solely for providing spiritual treatment in accordance with a recognized religious denomination to which the parent is a member.

West Virginia Criminal Statute:
WEST VIRGINIA defenses to murder, criminal child neglect, and child neglect resulting in death

The provisions of this statute [which define the offense of murder of a child by refusal or failure to supply necessities] shall not apply to any parent, guardian or custodian who fails or refuses, or allows another person to fail or refuse, to supply a child under the care, custody or control of such parent, guardian or custodian with necessary medical care, when such medical care conflicts with the tenets and practices of a recognized religious denomina¬tion or order of which such parent, guardian or custodian is an adherent or member.
West Virginia Code §61-8D-2(d)

This section [on criminal child neglect] shall not apply to any parent, guardian or custodian who fails or refuses, or allows another person to fail or refuse, to supply a child under the care, custody or control of such parent, guardian or custodian with necessary medical care, when such medical care conflicts with the tenets and practices of a recognized religious denomination or order of which such parent, guardian or custodian is an adherent or member.
West Virginia Code §61-8D-4(d)

No child who in lieu of medical treatment was under treatment solely by spiritual means through prayer in accordance with a recognized method of religious healing with a reason¬able proven record of success shall, for that reason alone, be consi¬dered to have been neglected within the provisions of this section [on child abuse resulting in death]. A method of religious healing shall be presumed to be a recog¬nized method of religious healing if fees and expenses incurred in connection with such treatment are permitted to be deducted from taxable income as “medical expenses” pursuant to regulations or rules promulgated by the United States Internal Revenue Service.


Religous Liberty Statute

Religious liberty statute that could put children at risk

No law as of January 2014


The information provided is solely for informational purposes and is not legal advice.  To determine the SOL in a particular case, contact a lawyer in the state.