H. B. 2801
(By Delegate Walters, By Request)
[Introduced March 31, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section twelve, article two, chapter
fifty-five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to personal actions
not otherwise provided for.
Be it enacted by the Legislature of West Virginia:
That section twelve, article two, chapter fifty-five of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.
§55-2-12. Personal actions not otherwise provided for.
Every personal action for which no limitation is otherwise
prescribed shall be brought: (a) Within two years next after the
right to bring the same shall have accrued, if it be for damage
to property; (b) within two years next after the right to bring
the same shall have accrued if it be for damages for personal
injuries or the tort of legal malpractice; and (c) within one
year next after the right to bring the same shall have accrued ifit be for any other matter of such nature that, in case a party
die, it could not have been brought at common law by or against
his personal representative.
NOTE: The purpose of this bill is to allow the action of
the tort of legal malpractice to be brought within two years
after the action to bring the same shall have accrued.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.