Bereaved Rights

State wrongful death guide

West Virginia Wrongful Death Law Guide

West Virginia wrongful death claims must be filed by the personal representative within two years, with broad damages available and no general caps outside medical malpractice cases.

Quick facts for West Virginia

  • Who can file: West Virginia requires the personal representative of the decedent’s estate to file the wrongful death claim. Damages are distributed to the surviving spouse, children, parents, siblings, or other dependents according to statutory rules.
  • Deadline to file: Most West Virginia wrongful death lawsuits must be filed within two years of the date of death.
  • Key statute: W. Va. Code § 55-7-5 to 55-7-7

Types of compensation families may pursue

  • Sorrow, mental anguish, and solace
  • Loss of companionship, comfort, and guidance
  • Lost financial support and benefits
  • Medical and funeral expenses
  • Decedent’s pain and suffering

No general cap on wrongful death damages. Medical malpractice wrongful death cases are subject to specific statutory caps.

West Virginia wrongful death law: a guide for grieving families

West Virginia’s wrongful death laws try to acknowledge both the economic and emotional impact of a tragedy. When a death could have been prevented, understanding your rights can help bring clarity during an overwhelming time.

1. What is “wrongful death” in West Virginia?

A wrongful death occurs when someone’s wrongful act, neglect, or default causes another’s death. The estate may seek compensation on behalf of surviving family members.

Common examples include:

  • Vehicle crashes
  • Medical malpractice
  • Nursing home neglect
  • Unsafe property
  • Dangerous products

2. Who files the lawsuit?

The personal representative of the estate must file the wrongful death action. Family members do not file individually.

3. Who receives damages?

Under West Virginia law, damages may be distributed to:

  • Spouse
  • Children
  • Parents
  • Siblings
  • Other dependents

Depending on the circumstances.

4. What damages are available?

Families may recover for:

  • Sorrow and mental anguish
  • Loss of companionship and guidance
  • Loss of financial support
  • Medical and funeral expenses
  • Pain and suffering of the deceased before death

Damage caps

West Virginia has no general damages cap, except for specific caps in medical malpractice wrongful death cases.

5. Filing deadline

Most claims must be filed:

  • Within two years of the date of death

Disclaimer

This guide provides general information only and is not legal advice.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

How long do I have to file a wrongful death lawsuit in West Virginia? +

West Virginia requires most wrongful death lawsuits to be filed within two years of the date of death. Missing this deadline generally prevents the claim from being heard, regardless of its strength. Because exceptions are limited, families should speak with a wrongful death attorney early. This answer is informational only and not legal advice.

What damages are available in a West Virginia wrongful death case? +

West Virginia allows families to recover damages for sorrow, mental anguish, loss of companionship, lost income, medical bills, funeral expenses, and the decedent’s pain and suffering. The state does not impose a general cap on wrongful death damages, although medical malpractice cases have specific statutory limits. This answer is for general informational purposes only and is not legal advice.

Who can file a wrongful death lawsuit in West Virginia? +

West Virginia law requires the wrongful death lawsuit to be filed by the personal representative of the deceased person's estate. Although the representative files the suit, the recovery is distributed to eligible family members, including the spouse, children, parents, siblings, and other dependents. This answer is informational only and not legal advice.