What is the statute of limitations for filing a negligent security claim?
The statute of limitations for filing a negligent security claim in West Virginia is two years. This means that a claim must be filed within two years from the date of the injury or the date the injury was discovered, whichever is later. In cases where the negligent security occurred on public property, the statute of limitations will be shorter. In these cases, the claim must be filed within one year of the injury or the date the injury was discovered, whichever is later. It is important to note that the statute of limitations is different from the amount of time a person has to file a lawsuit. Depending on the specifics of the case, a lawsuit may be able to be filed past the two-year statute of limitations. However, it is always best to file a claim as soon as possible in order to ensure the best chance of success for the claim. In addition to the statute of limitations, West Virginia also has a “discovery rule” which states that the statute of limitations does not begin to run until the injury is discovered or reasonably should have been discovered. This means that if a person were to discover an injury stemming from negligent security more than two years after the date of the incident, they may still be eligible to file a claim. It is important that negligent security victims understand the states’ laws and statutes of limitations. Consulting with a knowledgeable legal professional should be done to ensure that all legal deadlines are met in order to maximize chances of winning a negligent security claim.
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