You usually have 2 years from the fall to file a lawsuit in West Virginia. If that 2-year statute of limitations under W. Va. Code § 55-2-12 runs out, you can lose the right to recover for your injuries.

What should have happened right away: the fall should have been reported to the apartment complex or property manager, photos should have been taken of the parking lot, ice, pothole, broken pavement, poor lighting, or construction debris, and medical care should have started as soon as possible. In Morgantown, that often means records from WVU Medicine Ruby Memorial or an urgent care visit that ties the injury to the fall.

If you were a nurse, teacher, or other healthcare worker hurt while working - for example, during a home visit or while walking into an apartment complex for a patient-related task - there may also be a workers' compensation claim. That is separate from a claim against the property owner. You should have notified your employer immediately and documented where and why you were there.

What to do now: figure out the exact date of the fall first. Then gather the incident report, lease or property manager information, witness names, photos, texts, and every medical record and bill. If construction season made the area unsafe - temporary trenching, loose gravel, barricades, or poor nighttime lighting - preserve that detail now before it disappears.

What comes next depends on the calendar. If you are still within 2 years, the claim can still move forward. The property owner or insurer will usually review maintenance logs, weather records, surveillance footage, and whether they had notice of the hazard.

If the fall happened on property owned by a city, county, or other government entity instead of a private apartment complex, shorter notice rules can complicate things fast.