What are the time limits for filing a personal injury lawsuit related to industrial accidents?

In West Virginia, an individual who was injured in an industrial accident must file a personal injury lawsuit within two years of the accident. This is known as the statute of limitations for filing a personal injury lawsuit. If an individual dies due to an industrial accident, their surviving family members have two years from the date of death to file a wrongful death lawsuit. Furthermore, if a minor is injured in an industrial accident, they will still be allowed to file a personal injury lawsuit within two years of their 18th birthday. In some cases, the time limit for filing a personal injury lawsuit may be extended. This could occur if the injured person was not aware that their injury was related to the industrial accident until after the two-year statute of limitations had passed. The injured party must submit an affidavit of medical malpractice to the court in order to prove that they did not know about the injury until after the two years had passed. In addition to filing a personal injury lawsuit, an individual in West Virginia may also be able to seek benefits through the workers’ compensation system. This is a system of benefits that is available to those who were injured while on the job, regardless of who is at fault. Workers’ compensation benefits are available to those who meet certain qualifications and usually cover medical expenses and lost wages. If an injured worker is not satisfied with the benefits they have received through the workers’ compensation system, they may be able to file a personal injury lawsuit. It is important to remember, however, that the two-year statute of limitations for filing a lawsuit still applies.

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