If you were hurt in West Virginia, understanding your rights is the first step toward recovery.
What Is a Wrongful Death Claim?
A West Virginia wrongful death claim arises when someone dies because of another party's negligent or wrongful act. It is governed by W. Va. Code § 55-7-5 and § 55-7-6. These claims can follow fatal car and truck crashes, workplace incidents, medical errors, defective products, and other preventable tragedies.
Who May File
In West Virginia, the wrongful death action is brought by the personal representative of the deceased person's estate. While the representative files the case, any recovery is for the benefit of the surviving family members the statute identifies, such as a spouse, children, and certain other dependents.
What Can Be Recovered
Recoverable damages can include sorrow, mental anguish, and loss of companionship for the survivors; lost income and services the deceased would have provided; reasonable funeral and medical expenses; and other losses the statute permits. West Virginia's wrongful death statute is comparatively generous in the categories it recognizes.
The Deadline
A wrongful death action in West Virginia generally must be filed within two years of the date of death. Because building these cases takes time and emotional energy, families are wise to speak with an attorney early rather than near the deadline.
You pay nothing unless you win. Injury Claim Team connects injured West Virginians with experienced personal injury attorneys who work on contingency. Your case review is always free and confidential — call 973-566-5599.