{"id":377260,"date":"2016-12-14T16:07:57","date_gmt":"2016-12-14T21:07:57","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/west-virginia-law\/west-virginia-wrongful-death-laws.html"},"modified":"2024-08-16T17:19:04","modified_gmt":"2024-08-16T22:19:04","slug":"west-virginia-wrongful-death-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/west-virginia-law\/west-virginia-wrongful-death-laws.html","title":{"rendered":"West Virginia Wrongful Death Laws"},"content":{"rendered":"\n
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West Virginia Wrongful Death Laws<\/h1>\n\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n\n

Normally, to recover damages from personal injuries, the person harmed is the only one with standing to file a lawsuit<\/a>. But what if the injuries result in death? Are the ones responsible off the hook? Not under West Virginia wrongful death laws, which allow actions to recover losses after a victim’s death.<\/p>\n

Wrongful death claims can arise after any type of accidental death. This can range from car accidents to workplace accidents. In West Virginia, medical malpractice is also a common basis for wrongful death claims. These cases usually involve some form of negligence by a medical provider, such as overprescribing medications or failing to perform standard tests.<\/p>\n

Regardless of the type of wrongful death case, it’s important to understand how these West Virginia laws work and how they might compensate loved ones after a tragic loss.<\/p>\n

How Is a West Virginia Wrongful Death Case Filed?<\/b><\/h2>\n

Although some states allow loved ones to file wrongful death actions after an accidental death, West Virginia only allows the deceased person’s estate to file such actions. Typically, this would be the executor or administrator<\/a> named by a court to manage the estate. When filing suit, the estate would have to allege and prove the following elements:<\/p>\n