If you have lost a loved one due to someone else’s negligence in West Virginia, understanding your legal rights is a critical first step toward justice. This guide covers West Virginia’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. West Virginia’s mining, chemical, and heavy industrial economy creates wrongful death circumstances involving large corporate defendants. West Virginia imposes caps on non-economic damages in medical malpractice cases but no caps on general wrongful death claims.
West Virginia Wrongful Death Laws
The West Virginia Wrongful Death Statute
West Virginia’s wrongful death law is governed by West Virginia Code § 55-7-5. The statute requires the Personal Representative of the deceased’s estate to file the claim.
Who Can File
The Personal Representative of the deceased’s estate must file.
Statute of Limitations
West Virginia imposes a 2-year statute of limitations, measured from the date of death.
Recoverable Damages
West Virginia allows recovery for pecuniary loss, loss of companionship, mental anguish, and funeral expenses. For general wrongful death claims, there are no caps. Medical malpractice wrongful death claims are subject to a $250,000 cap on non-economic damages.
Survival Action
West Virginia maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in West Virginia
1. Robinette Legal Group, PLLC
Location: Morgantown, WV (Serving statewide)
Phone: (304) 594-1800
Website: https://robinette-law.com
A highly respected wrongful death firm with specific expertise in West Virginia’s industrial and mining accidents, chemical plant explosions, and construction fatalities. Because general negligence claims are uncapped, they aggressively pursue maximum mental anguish and loss of companionship damages against the large corporations that dominate the state’s economy.
2. Bordas & Bordas, PLLC
Location: Wheeling, WV (Offices in Morgantown and Pittsburgh, PA)
Phone: (304) 242-8410
Website: https://bordaslaw.com
One of the most decorated trial firms in the state, with record-setting verdicts in medical malpractice and pharmaceutical wrongful death cases. They are experts at maximizing uncapped economic damages in medical negligence cases to offset West Virginia’s $250,000 non-economic cap.
3. Hendrickson & Long, PLLC
Location: Charleston, WV
Phone: (304) 346-5500
Website: https://handl.com
A powerhouse Charleston firm with deep connections across West Virginia’s court system. They handle complex wrongful death cases involving oilfield accidents, pharmaceutical liability, and major motor vehicle crashes. Their combination of the wrongful death and survival actions ensures maximum total recovery for the family.
Frequently Asked Questions
Are there caps on general wrongful death damages in West Virginia?
No. For wrongful death claims not involving medical malpractice, West Virginia imposes no caps on damages.
What is West Virginia’s medical malpractice cap?
West Virginia caps non-economic damages at $250,000 in medical malpractice wrongful death cases. Economic damages remain uncapped.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 2-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
West Virginia’s no caps framework for general claims and strong industrial negligence precedents provide meaningful legal tools for families. The firms listed above have the resources to take on the state’s largest corporate defendants. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.