West Virginia Wrongful Death Lawyers
By J. Brandon Shumaker · Slavey & Shumaker PLLC · Morgantown, WV · Last updated October 28, 2026
Table of Contents
Losing someone you love because of another person’s carelessness is devastating. Families are left with grief, unanswered questions and financial pressure, often while insurance companies are already calling.
At Slavey & Shumaker PLLC, our wrongful death lawyers represent families throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. Our office is on Chancery Row, beside the Monongalia County Courthouse in Morgantown. We investigate what happened, work with the personal representative of the estate, deal with the insurance companies, and pursue full compensation for the family under West Virginia law, through settlement or trial. If you cannot travel to Morgantown, we offer consultations by telephone.
1. What Is a Wrongful Death Claim?
Under W. Va. Code § 55-7-5, when a death is caused by a wrongful act, neglect or default that would have entitled the injured person to sue for damages if he or she had lived, the person or company that would have been liable is liable in an action for damages despite the death. In plain terms, the question is whether the person who died would have had a claim if he or she had survived.
- Criminal charges do not prevent a civil claim. The statute provides that the action is available even when the death was caused under circumstances that amount in law to murder or manslaughter (§ 55-7-5). A criminal case is brought by the State to punish the wrongdoer. A wrongful death claim is a civil case that seeks compensation for the family.
- The claim survives the death of the wrongdoer. If the person responsible has also died, the claim may be brought against his or her estate (§ 55-7-5).
- A settlement before death can bar the claim. No action may be maintained if the person who died, other than a minor, had already settled the injury claim and accepted payment before death (§ 55-7-5).
2. Who Can File a Wrongful Death Claim
Every wrongful death action must be brought by and in the name of the personal representative of the person who died, appointed in West Virginia or in another state, territory or country (W. Va. Code § 55-7-6(a)). A personal representative appointed outside West Virginia must post a $100 bond with a corporate surety when the complaint is filed, and the circuit court may raise or lower that amount for good cause (§ 55-7-6(a)).
A spouse, child or parent may be the person most affected by the death, but the case still must be filed by the personal representative. If no estate has been opened, or the family is unsure who should serve, that is one of the first issues we discuss with you.
3. Who Receives the Recovery
The jury, or the court in a case tried without a jury, may direct what share of the damages goes to each of the following (W. Va. Code § 55-7-6(b)):
- The surviving spouse
- Children, including adopted children and stepchildren
- Brothers and sisters
- Parents
- Any persons who were financially dependent on the person who died at the time of death, or who would otherwise be equitably entitled to share
If there are no such survivors, the damages are distributed under the will of the person who died or, if there is no will, under West Virginia’s laws of descent and distribution (§ 55-7-6(b)). If a jury returns only a general verdict without deciding how the damages are divided, the court distributes them (§ 55-7-6(b)).
4. Damages in a West Virginia Wrongful Death Case
The jury may award damages that are fair and just (W. Va. Code § 55-7-6(b)). Under § 55-7-6(c)(1), the verdict includes, but is not limited to, damages for:
Sorrow and Loss
§ 55-7-6(c)(1)(A)
- Sorrow, mental anguish and solace
- Loss of society, companionship, comfort, guidance, kindly offices and advice
Lost Income and Services
§ 55-7-6(c)(1)(B)
- Reasonably expected loss of the income of the person who died
- Loss of services, protection, care and assistance
Medical Expenses
§ 55-7-6(c)(1)(C)
- Care, treatment and hospitalization related to the injury that caused the death
Funeral Expenses
§ 55-7-6(c)(1)(D)
- Reasonable funeral expenses
The jury must state separately any amount awarded for funeral, hospital, medical and similar expenses, and the personal representative must use that amount to pay those expenses (§ 55-7-6(c)(2)).
No lawyer can guarantee a result. The value of a claim depends on factors such as who is responsible, the insurance coverage available, the age, health and earnings of the person who died, the services and care he or she provided to the family, and the family’s relationships with the person they lost. When a death follows a motor vehicle crash, the at-fault driver’s liability insurance and, in some cases, uninsured or underinsured motorist coverage may apply. See our car accident page for how that coverage works.
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5. The Deadline to File a Wrongful Death Lawsuit
A wrongful death action must be commenced within two years after the death, subject to W. Va. Code § 55-2-18 (§ 55-7-6(d)). Section 55-2-18 allows a timely filed case to be refiled within one year after certain dismissals that are not based on the merits.
The West Virginia Supreme Court of Appeals has held that the discovery rule applies to wrongful death actions. Under that rule, the two-year period begins to run when the personal representative knows, or by the exercise of reasonable diligence should know, that the person has died, that the death resulted from a wrongful act, neglect or default, who may be responsible, and that the responsible party’s conduct is causally related to the death (Syl. Pt. 8, Bradshaw v. Soulsby, 210 W. Va. 682, 558 S.E.2d 681 (2001)). The test is objective: it asks what a reasonable, prudent person would have known, and the family is charged with knowing the facts, not the law. If the discovery rule does not apply, the deadline is still tolled when the responsible party fraudulently concealed facts that prevented the family from discovering or pursuing the claim (Dunn v. Rockwell, 225 W. Va. 43, 689 S.E.2d 255 (2009)). In most cases the family learns these facts at or soon after the death, so do not count on either rule to extend the deadline.
Some claims belonging to the person who died, such as claims for injuries that did not result in death or for damage to property, survive the death and may be brought by the personal representative within the same time that would have applied if the person had not died (W. Va. Code § 55-7-8a(a) and (c)).
6. Fatal Accidents We Handle
Speeding, distracted driving, failure to yield and impaired driving. See our page on car accidents.
Fatal crashes involving tractor-trailers and other commercial vehicles, where driver logs, maintenance records and electronic data must be preserved quickly. See our page on truck accidents.
Drivers who turn across a rider’s path or change lanes without looking. See our page on motorcycle accidents.
Drivers who fail to yield in crosswalks or fail to watch for people on foot. See our page on pedestrian accidents.
Unsafe property conditions, defective products, negligent security, and workplace incidents caused by someone other than the employer.
7. Why Families Should Talk to a Lawyer Early
- Evidence disappears. Vehicles are repaired or scrapped, video is overwritten, hazards are fixed and witnesses become harder to find.
- Insurance pressure starts quickly. Adjusters may ask for recorded statements or signatures, or offer a quick payment before the family understands the full value of the claim. Do not sign a release or give a recorded statement until you understand what it does.
- The estate must be in order. A personal representative must be appointed before the case is filed.
- Do not wait for a criminal case to end. Families sometimes wait for a criminal case to end, but the civil filing deadline can keep running. We can explain how the civil claim moves forward while a criminal case is pending.
8. What to Bring to Your Consultation
You do not need every document before you call. Bring what you have, and tell us what you do not have:
| Category | Examples |
|---|---|
| Basic information | Full name, date of birth, date of death, address, employer, marital status, and names of close family members |
| Death and estate records | Death certificate or preliminary paperwork, medical examiner or autopsy information, a will, letters of administration or letters testamentary |
| Reports | Police, crash, workplace or incident reports, or the report number and responding agency |
| Photos and witnesses | Scene and vehicle photos, video, and names and contact information for witnesses |
| Medical and funeral bills | Ambulance, hospital and physician bills; funeral home, cemetery and burial or cremation invoices |
| Income records | Pay stubs, W-2s, tax returns, and benefit and retirement information |
| Insurance and correspondence | Insurance cards and policies, letters from adjusters, and any release, settlement offer or request for a recorded statement |
| Criminal case papers | Court notices, prosecutor or victim advocate contact information |
For a general list, see our personal injury consultation checklist.
Serving Families Throughout West Virginia
We represent families in wrongful death cases throughout the State of West Virginia, including Morgantown and all of Monongalia County, Preston County, Marion County and Harrison County. To learn how we work with clients, read our client reviews.
9. Frequently Asked Questions About Wrongful Death in West Virginia
Speak With a West Virginia Wrongful Death Lawyer
Slavey & Shumaker PLLC, 174 Chancery Row, Morgantown. Serving families throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties.
This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.