West Virginia Wrongful Death Laws
Normally, to recover damages from personal injuries, the person harmed is the only one with standing to file a lawsuit. 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.
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.
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.
How Is a West Virginia Wrongful Death Case Filed?
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 named by a court to manage the estate. When filing suit, the estate would have to allege and prove the following elements:
- The death of an individual (decedent)
- A wrongful act (such as negligence or medical malpractice) caused the death; and
- The decedent could sue for damages had they lived
Limits on Recoveries
Any recovery of injury damages in a West Virginia wrongful death case can be limited by two main factors: (1) the modified comparative fault standard and (2) the cap on noneconomic damages.
West Virginia’s comparative fault standard reduces any damage award by the percentage of the decedent’s own negligence in their death. So, for example, if a construction worker negligently fails to wear required safety equipment, a court could determine they have a small percentage of responsibility for their own death, even if a negligent crane operator caused it.
West Virginia also caps noneconomic damages in actions for professional malpractice, as estates can only recover up to $500,000 for each incident.
West Virginia Wrongful Death Laws: An Overview
The chart below contains more specific information on West Virginia wrongful death laws.
| Statutes |
|
|---|---|
| Who may bring an action? |
Under the West Virginia wrongful death statute, the representative of the estate may bring a wrongful death suit. This is typically the executor or administrator. Surviving family members, including a surviving spouse, children, and stepchildren, may also be eligible for compensation. The statute recognizes these people as beneficiaries who suffer from the decedent’s loss. |
| What damages are recoverable? |
Among the damages that a claimant can recover in a wrongful death case are damages for:
|
| Statute of limitations |
A person must bring a wrongful death action within two years of the death. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Related Resources for West Virginia Wrongful Death Laws
Get Professional Help With Your West Virginia Wrongful Death Lawsuit
With all the grief and confusion that arises after a loved one gets accidentally killed, it’s hard to know just what to do next. An experienced personal injury attorney can help explain West Virginia wrongful death laws and help you pursue compensation for your losses. Don’t delay. Contact a West Virginia injury lawyer today.
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