Statute of Limitations Overview

Criminal SOL

West Virginia has no criminal statute of limitations for sexual assault (W. Va. Code § 61-11-9). All felony sex offenses in West Virginia can be prosecuted at any time regardless of when they occurred. West Virginia is among the states with the strongest criminal SOL framework nationally.

Civil SOL

Child survivors (W. Va. Code § 55-2-15): Survivors of childhood sexual abuse may file civil claims within 18 years of reaching the age of majority (age 18), giving child survivors until their 36th birthday. Alternatively, survivors have 4 years from the date of discovery that the abuse caused injury, whichever is later. The discovery rule provides meaningful protection for survivors who are only recently connecting their psychological injuries to past abuse.

Important legislative threat (2025): A bill introduced in the West Virginia House of Delegates (House Bill 3516) would slash the SOL for child sexual abuse civil claims against state-insured entities from 18 years (until 36) to just 2 years after turning 18 (until age 20). This bill was introduced in response to major settlements including $100M+ from Miracle Meadows School. As of February 2026, this bill’s status should be verified with an attorney, as a reduced SOL against public entities would dramatically harm survivors.

Adult survivors: 2 years from the date of the incident under W. Va. Code § 55-2-12. This is the general personal injury SOL; no special adult SOL applies.

Miracle Meadows settlement: The now-closed Seventh-day Adventist boarding school in Salem, WV, paid over $100 million to former students alleging physical and sexual abuse. West Virginia’s extended child SOL (until age 36) enabled many of these claims.

LDS Church settlement: The Church of Jesus Christ of Latter-day Saints paid over $32 million to settle sexual abuse lawsuits filed in West Virginia involving abuse by local church leaders.

Institutional Liability

West Virginia allows civil claims against schools, churches, residential facilities, juvenile detention centers, and other institutions. Major settlements demonstrate the viability of institutional claims:

Miracle Meadows School: $100M+ to former students
LDS Church: $32M+ in West Virginia cases

The Diocese of Wheeling-Charleston has faced significant clergy abuse litigation and settled numerous claims.

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Attorney Firms

(1) Jividen Law Offices, PLLC

Location: Wheeling (northern WV and statewide)
Website: https://jividenlaw.com/sexual-assault/

West Virginia-based civil litigation firm handling sexual assault survivor claims. Handles claims against institutions including the Diocese of Wheeling-Charleston and West Virginia youth facilities. Free confidential consultation, contingency fee.

(2) Bailey & Glasser LLP

Location: Charleston (statewide and national)
Website: https://baileyglasser.com

West Virginia plaintiff firm with national reach and major institutional abuse litigation practice. Active in institutional claims against private schools, religious organizations, and public facilities in West Virginia. Free confidential consultation, contingency fee.

(3) Sokolove Law

Location: National practice (active in West Virginia)
Phone: 800-995-1212
Website: https://sokolovelaw.com/personal-injury/sexual-abuse/

National sexual abuse firm tracking West Virginia’s Miracle Meadows settlement and ongoing claims against similar residential facilities. 45+ years experience. Free confidential consultation, contingency fee.

(4) Herman Law

Location: National practice (active in West Virginia)
Phone: 800-976-8552
Website: https://hermanlaw.com

Nationally recognized firm. Active against the Diocese of Wheeling-Charleston and West Virginia institutional defendants. Free confidential consultation, contingency fee.

(5) Levy Konigsberg LLP

Location: National practice (active in West Virginia)
Phone: 800-315-3806
Website: https://levylaw.com

Nationally recognized institutional abuse firm, $3B+ recovered. Active against West Virginia Catholic Church, residential facilities, and juvenile detention centers. Free confidential consultation, contingency fee.

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Important Context

Legislative threat to public entity SOL: West Virginia’s HB 3516 would dramatically reduce the deadline for claims against state-insured entities. Survivors with potential claims against public institutions (public schools, juvenile detention, state foster care) should consult an attorney immediately to file before any SOL reduction takes effect. Verify current bill status with an attorney.

Age-36 deadline is meaningful: Many survivors come forward in their late 20s and 30s. West Virginia’s current framework (until 36) gives meaningful time. Survivors approaching 36 must act promptly.

Miracle Meadows and similar facilities: Survivors who were residents at Miracle Meadows or other West Virginia residential facilities should consult an attorney. The $100M+ settlement confirms institutional accountability is achievable.

Diocese of Wheeling-Charleston: This diocese has faced extensive clergy abuse litigation and settled numerous claims. Survivors of clergy abuse within this diocese should pursue an attorney evaluation.

Crisis resources: West Virginia Foundation for Rape Information and Services: 304-366-9500 | 24-hour hotline: 800-656-4673