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Wrongful Death Lawsuits in West Virginia

Who can bring a wrongful death claim in West Virginia, the deadline to file, and any limits on damages.

Short answer: The action must be brought by and in the name of the personal representative of the person who died. W. Va. Code § 55-7-6(a)–(c)

Who can sue for wrongful deathThe action must be brought by and in the name of the personal representative of the person who died. The jury (or court) may award damages that seem fair and just and decide how they are divided among the surviving spouse, children (including adopted children and stepchildren), brothers, sisters, parents, and anyone financially dependent on the person or otherwise equitably entitled to share. If there are no such survivors, damages pass under the person's will or the laws of descent. Damages may include sorrow, mental anguish and loss of companionship, lost income and services, and medical and funeral expenses.
Wrongful death deadlineTwo years after the death.
Damage capsNo general cap on compensatory damages in ordinary personal injury cases was found. Caps apply to noneconomic damages in medical professional liability cases, to punitive damages, and to noneconomic damages against political subdivisions.

More West Virginia personal injury & wrongful death

FAQ

Who can file a wrongful death lawsuit in West Virginia?
The action must be brought by and in the name of the personal representative of the person who died. The jury (or court) may award damages that seem fair and just and decide how they are divided among the surviving spouse, children (including adopted children and stepchildren), brothers, sisters, parents, and anyone financially dependent on the person or otherwise equitably entitled to share. If there are no such survivors, damages pass under the person's will or the laws of descent. Damages may include sorrow, mental anguish and loss of companionship, lost income and services, and medical and funeral expenses.
How long do you have to file a wrongful death lawsuit in West Virginia?
Two years after the death.
Does West Virginia cap damages in personal injury cases?
No general cap on compensatory damages in ordinary personal injury cases was found. Caps apply to noneconomic damages in medical professional liability cases, to punitive damages, and to noneconomic damages against political subdivisions.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.