West Virginia Wrongful Death Laws 2025 | WV Code §55-7-5

If you recently lost a beloved family member, you may wonder about the West Virginia wrongful death laws and how they may impact your ability to file a wrongful death claim. An experienced attorney can provide reliable information under three important West Virginia statutes.

West Virginia Code §55-7-5

In West Virginia, there are specific rules for wrongful death claims in the Mountain State. Under West Virginia Code §55-7-5, a wrongdoer can still be held responsible for damages for someone’s death if the act that caused the death would have led to a personal injury claim if the person had not died. Liability extends even if the death was caused by murder or manslaughter, and a claim may continue against their estate if they die before the claim is resolved.

In short, liability for a wrongful death claim survives the victim’s death as well as the wrongdoer’s death. There are some nuances to this statute worth discussing with an experienced West Virginia attorney. They can discuss how to file a claim and explore the types of damages that you may be awarded with a successful wrongful death claim.

West Virginia Code §55-7-6

Under WV Code §55-7-6, wrongful death claims may be filed by the decedent’s personal representative within two years of their death. While this may seem like a substantial amount of time, it is worth exploring your legal options with an attorney right away after a preventable death. An attorney can start to conduct an independent investigation quickly and gather evidence to build a strong claim while memories are fresh, and evidence is readily available.

Also, this statute addresses the kinds of compensation that may be available with a valid wrongful death claim, such as:

• Lost income
• Medical costs
• Reasonable funeral and burial expenses
• Emotional distress damages
• Other related expenses

Reach out to an experienced attorney familiar with wrongful death claims to discuss who can file a wrongful death claim under the state statute and the types of damages that may be recoverable. They can discuss critical deadlines and ensure you are able to recover damages before the filing deadline passes.

West Virginia Code §55-7-7

Additionally, under WV Code §55-7-7, there are specific rules outlined in order to settle a valid wrongful death claim. The personal representative of an estate may compromise or legally settle damages claim and details specific rules for apportioning and distributing any damages obtained. A West Virginia wrongful death attorney is a valuable resource for any family recovering damages.

Hire a Wrongful Death Lawyer

Reach out to the experienced wrongful death attorneys at Wooton, Davis, Hussell & Johnson, PLLC. We have extensive experience protecting clients pursuant to West Virginia statutes and understand how to maximize financial recovery with a wrongful death claim. We are well-known across the state and have extensive experience negotiating wrongful death claims. When necessary, we are court-ready to maximize our clients’ recovery.

We are helpful locals that are dependable, approachable attorneys. This sets us apart in the local legal community. We develop long-term relationships with our clients who return to us for repeat legal assistance over the years. We practice in a wide variety of legal fields and work with you to efficiently move your case through the legal system.

Our attorneys provide plenty of information so you can make informed decisions at each stage of your case. Reach out to hear more about our background and about our available legal services.

FAQs

What Is the Maximum Recovery for Non-economic Damages in West Virginia?

While West Virginia does cap non-economic recovery for medical negligence cases at $250,000, there is a higher recovery capacity for $500,000 in cases that involve either permanent disability or a wrongful death claim. Reach out to a qualified attorney familiar with West Virginia wrongful death cases to discuss your specific recovery and for help maximizing your damages.

Can a Personal Injury Lawyer in West Virginia Help With My Wrongful Death Claim?

A personal injury attorney familiar with West Virginia laws with experience filing wrongful death claims should be able to file a wrongful death claim on behalf of your family. Connect with the compassionate and reliable attorneys at Wooton, Davis, Hussell & Johnson, PLLC, about your potential wrongful death claim right away, as you typically only have a limited period to file a claim.

Could a Personal Representative Settle a Wrongful Death Claim on Behalf of the Decedent’s Estate?

A personal representative can settle a wrongful death claim on behalf of the decedent’s estate. WV Code §55-7-7 gives a personal representative the authority to compromise a claim, which means they have permission to settle a wrongful death claim on behalf of a decedent’s estate. If you need help with a specific estate claim, contact a trusted attorney about your wrongful death claim right away.

What Are Some Examples of a Wrongful or Neglectful Act that Would Fall Under WV Code §55-7-5?

Some examples of wrongful or reckless behavior like negligence under WV Code §55-7-5 would include motor vehicle accidents, distracted driving, driving under the influence of alcohol and/or drugs, speeding or reckless driving, and commercial trucking accidents. If you need help with a wrongful death claim, contact a trusted attorney at Wooton, Davis, Hussell & Johnson, PLLC. We can help clients across West Virginia.

West Virginia Wrongful Death Lawyer

When you need to hire a wrongful death lawyer, reach out to the top-notch lawyers at Wooton, Davis, Hussell & Johnson, PLLC as soon as possible. You usually only have a short period of time to file a claim, which is why it is important to contact an experienced team of attorneys in our state.

We fight for justice and maximize recovery for our wrongful death cases. We conduct thorough investigations and gather compelling evidence to prove negligence occurred. After the death of a loved one, the dedicated attorneys at Wooton, Davis, Hussell & Johnson, PLLC work energetically to prove our clients’ cases.

Under state statutes, families are often entitled to compensation for an unexpected loss based on the negligence and wrongdoing of others. People are often surprised to hear the value of their case once they meet with an attorney. Contact us to schedule your free initial consultation about your wrongful death claim.