West Virginia law

Wrongful Death Laws in West Virginia.

West Virginia wrongful-death actions are governed by W. Va. Code § 55-7-5 et seq. Suit is brought by the personal representative of the decedent's estate for the benefit of the surviving spouse, children, and other statutory beneficiaries. The statute of limitations is 2 years from the date of death under W. Va. Code § 55-7-6(d). West Virginia allows recovery of sorrow, mental anguish, loss of companionship, and reasonably expected loss of income and services.

Last verified: 2026-04-20

State law

Statute of Limitations

2 yearsW. Va. Code § 55-7-6(d)

A West Virginia wrongful-death action generally must be filed within 2 years of the date of death.

State law

Key West Virginia Statutes

Wrongful Death ActionW. Va. Code § 55-7-5

West Virginia's wrongful-death statute — authorizes recovery by the personal representative for the benefit of statutory beneficiaries.

Damages and Statute of LimitationsW. Va. Code § 55-7-6

Authorizes recovery of sorrow, mental anguish, loss of consortium, and pecuniary losses, and imposes a 2-year limitation from the date of death.

State law

Official Sources

West Virginia Legislature — Code Ch. 55-7

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in West Virginia.

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Wrongful Death Laws in West Virginia.

Statute of Limitations

Key West Virginia Statutes

Official Sources

Not Legal Advice

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