## Wrongful death claims in West Virginia (W. Va. Code § 55-7-5) When someone is killed by another person's negligence — a car crash, a medical error, a workplace accident, a defective product, an act of violence — the family doesn't have to absorb the financial and emotional damage alone. Every state has a "wrongful death" statute that lets surviving family members recover damages. ### Who can bring the claim Personal representative. ### Statute of limitations 2 years from death. ### Damages cap or special feature Medical-malpractice non-economic damages capped at $250,000 ($500,000 for catastrophic). ## What damages are recoverable Wrongful-death damages typically fall into several buckets: **Economic damages:** - Medical bills incurred between the injury and death - Funeral and burial expenses - Lost income the deceased would have earned - Lost benefits (health insurance, pension contributions) - Loss of household services **Non-economic damages (where allowed):** - Loss of companionship, society, and consortium - Loss of parental guidance and care (for surviving children) - Pain and suffering of the deceased before death ("survival action" damages) - Mental anguish of survivors **Punitive damages (in egregious cases):** - Designed to punish the wrongdoer and deter similar conduct - Usually reserved for intentional, malicious, or grossly negligent conduct ## Survival actions vs wrongful death Most states recognize TWO separate claims when someone dies: - **Wrongful death claim** — compensates the surviving family for THEIR losses - **Survival action** — compensates the deceased's estate for what the deceased would have been able to recover (medical bills, pain and suffering before death, lost wages between injury and death) Both claims are typically filed together by the personal representative. ## Common scenarios - **Car accidents** — the most common source of wrongful-death claims - **Trucking accidents** — often involve interstate carriers and federal safety regulations - **Medical malpractice** — surgical errors, missed diagnoses, medication errors - **Workplace accidents** — construction falls, machinery, toxic exposure (often interacts with workers' comp) - **Product liability** — defective vehicles, dangerous drugs, failed medical devices - **Premises liability** — fatal slips and falls, drowning at unsupervised pools, failure to provide adequate security - **Nursing home neglect** — bed sores, falls, medication errors, dehydration - **Drunk driving** — often supports punitive damages and dram-shop claims against bars ## What you should do Wrongful-death cases are emotionally brutal and legally complex. There's no "trying it yourself." Insurance companies have lawyers and investigators on the scene within hours; you need someone working on your behalf with the same urgency. Most West Virginia wrongful-death attorneys work on contingency — no fee unless you recover — and offer free consultations. --- *This guide is general information about West Virginia law as of early 2026 and is not legal advice. Wrongful-death law has many edge cases and the damages-cap landscape has been heavily litigated in recent years. Talk to a licensed West Virginia wrongful-death attorney about your specific case.*