West Virginia Laws

This page summarizes ten West Virginia laws people ask about most, with a link to the full guide for each. Every guide cites the state statute or an official source. Laws change, so check the current statute or talk to a local attorney before you act.

West Virginia Personal Injury Statute of Limitations

In West Virginia, you generally have 2 years from the date of injury to file a personal injury lawsuit (W. Va. Code § 55-2-12). If you miss the deadline, the court will usually dismiss the case. Different deadlines can apply to medical malpractice, wrongful death and claims against government agencies.

Read the full personal injury statute of limitations guide →

West Virginia Comparative Negligence Laws

West Virginia follows modified comparative negligence (51% bar). You can recover if your share of fault is 50% or less, with your award reduced by your percentage of fault. At 51% or more you recover nothing.

Read the full comparative negligence laws guide →

West Virginia Minimum Wage in 2026

The West Virginia minimum wage is $8.75 per hour, above the federal $7.25. Applies to employers with 6 or more employees at one location. When state and federal rates differ, employees are entitled to the higher rate.

Read the full minimum wage guide →

West Virginia Final Paycheck Laws

In West Virginia, an employer must pay final wages to a fired employee: next regular payday. The same deadline applies if you quit. If wages are late or missing, you can file a wage claim with the state labor department or go to court.

Read the full final paycheck laws guide →

West Virginia Small Claims Court Limits

In West Virginia, you can sue for up to $20,000 in small claims court, which is handled by the magistrate court. Small claims cases are faster and cheaper than regular lawsuits, and most people represent themselves. If your claim is larger, you must file in a higher court or give up the excess.

Read the full small claims court limits guide →

West Virginia Security Deposit Laws

West Virginia security deposit limit: no statutory limit. The landlord must return the deposit, minus lawful deductions, within this deadline: 60 days after the tenancy ends, or 45 days after a new tenant moves in, whichever is earlier. Landlords cannot deduct for normal wear and tear, and tenants can usually sue in small claims court if a deposit is wrongly withheld.

Read the full security deposit laws guide →

West Virginia Eviction Notice Requirements

If rent is unpaid in West Virginia, the landlord must generally give a written notice before filing an eviction case: no notice required before filing for nonpayment. Only a court can order an eviction; a landlord cannot change the locks, remove belongings or shut off utilities to force a tenant out.

Read the full eviction notice requirements guide →

West Virginia Small Estate Affidavit

West Virginia small estate limit: $50,000 (filed with the county commission clerk). Waiting period after death: 30 or 60 days. Real estate cannot be transferred this way. A small estate process lets heirs collect property without a full probate case.

Read the full small estate affidavit guide →

Does West Virginia Recognize Common Law Marriage?

No. West Virginia does not recognize common law marriages formed in West Virginia. Most states generally recognize a marriage that was valid where it was formed, so a common law marriage created in a state that allows it may still be recognized.

Read the full common law marriage guide →

West Virginia Divorce Residency Requirements

To file for divorce in West Virginia: 1 year if married outside West Virginia; no minimum if married in West Virginia. Waiting period: none for a mutual consent divorce; 1 year of separation for a unilateral no-fault filing. If you do not meet the residency rule yet, you may need to wait or file in the state where your spouse lives.

Read the full divorce residency requirements guide →

Find help near you in West Virginia

Popular cities: Martinsburg · Morgantown

This page summarizes state law for general information and is not legal advice. Laws change and courts interpret them; check the current statute or official source, or talk to a licensed attorney in your state about your situation.

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