State file: West Virginia

Wrongful Death Attorneys in West Virginia: Your Complete Legal Guide

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2 years General deadline, as the table of this guide gives it. Exceptions are in the guide.

In West Virginia, a wrongful death case is brought in the name of the person’s duly appointed personal representative, and it must be filed within two years after the death. The damages the law recognizes go beyond lost income: they include sorrow, mental anguish and solace, as well as lost services, protection, care and assistance, and medical and funeral expenses. In medical professional liability cases, noneconomic damages for a death are limited to $500,000 per occurrence, adjusted for inflation up to a statutory ceiling.

West Virginia Wrongful Death at a Glance

Question West Virginia answer
When does the action exist? When a death is caused by a wrongful act, neglect or default that would have supported an injury claim had the person lived (W. Va. Code 55-7-5)
Who files? The duly appointed personal representative (55-7-6)
Damages Sorrow, mental anguish and solace; expected income; services, protection, care and assistance; medical and hospital expenses; reasonable funeral expenses (55-7-6)
Deadline Two years after the death (55-7-6)
Medical professional liability Noneconomic damages for a death limited to $500,000 per occurrence, with annual inflation increases capped at 150 percent of that amount (55-7B-8)

When a Wrongful Death Action Exists

Under W. Va. Code 55-7-5, a wrongful death action exists when a death is caused by a wrongful act, neglect or default that would have allowed the injured person to bring an action for the injury if the person had lived.

Who Brings the Case

The action is brought by the person’s duly appointed personal representative (55-7-6). The section identifies who may receive the recovery, including the spouse, children, parents, siblings, and persons who were financially dependent or equitably entitled.

What Can Be Recovered

The damages West Virginia recognizes in a wrongful death action include (55-7-6):

  • sorrow, mental anguish and solace;
  • the income the person would have been expected to provide;
  • the services, protection, care and assistance the person provided;
  • expenses for the person’s treatment and hospitalization; and
  • reasonable funeral expenses.

Medical Professional Liability Cases

In a professional liability action against a health care provider, compensatory damages for noneconomic loss are generally limited to $250,000 for each occurrence. The limit rises to $500,000 for each occurrence when the noneconomic damages are for wrongful death, regardless of the number of plaintiffs, defendants or, in a death case, distributees. Since January 1, 2004, these amounts increase each year with the Consumer Price Index, but not beyond 150 percent of the amounts in the statute (W. Va. Code 55-7B-8(a)-(c)).

The Deadline

A wrongful death action must be brought within two years after the death (55-7-6).

Topics This Guide Does Not Cover

West Virginia’s rules on how the recovery is divided among family members, comparative fault, survival claims, claims against political subdivisions, and the pre-suit notice required in medical cases are in statutes this guide did not review. How they apply to a particular death is a question for counsel.

The firm listings below are separate from the legal information above. Statements about the law in a firm description are not part of this guide’s legal review.

Top 3 Wrongful Death Attorneys in West Virginia

A highly respected wrongful death firm with specific expertise in West Virginia’s industrial and mining accidents, chemical plant explosions, and construction fatalities. 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

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 non-economic cap.

3. Hendrickson & Long, PLLC

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

Can a spouse or child file the case in their own name?

No. The action is brought in the name of the duly appointed personal representative.

Is grief recognized in a West Virginia wrongful death case?

Yes. The damages include sorrow, mental anguish and solace, in addition to economic losses.

Which noneconomic limit applies to a death caused by medical negligence?

The higher statutory tier, $500,000 per occurrence for wrongful death, adjusted each year for inflation up to 150 percent of that amount.

Sources and Last Review

West Virginia Code sections 55-7-5, 55-7-6 and 55-7B-8. This page summarizes these provisions from secondary descriptions of the statutes; the official statutory text was not reviewed for this guide. Last updated October 2026. This page is general information about West Virginia law, not legal advice about a specific death.