West Virginia Wrongful Death Lawyers

By J. Brandon Shumaker  ·  Slavey & Shumaker PLLC  ·  Morgantown, WV  ·  Last updated October 28, 2026

Quick Answer: In West Virginia, a wrongful death action must be brought by the personal representative of the estate of the person who died (W. Va. Code § 55-7-6(a)), and it generally must be filed within two years after the death (§ 55-7-6(d)). Damages can include sorrow, mental anguish and loss of companionship, lost income and services, medical expenses and reasonable funeral expenses (§ 55-7-6(c)(1)). Slavey & Shumaker PLLC represents families throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. The consultation is free, and you pay no fee unless we recover money for you. Call (304) 212-5791.

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.

Settling a claim. The personal representative may settle a wrongful death claim before or after a lawsuit is filed. When the court approves the settlement, it apportions and distributes the money in the same way as in a case tried without a jury (W. Va. Code § 55-7-7).

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)).

Do not wait. Opening an estate and appointing a personal representative takes time, and evidence can disappear long before the deadline. Deaths involving medical care, government entities or workplace incidents can involve additional rules, so talk to a lawyer as soon as possible.

6. Fatal Accidents We Handle

1 Car Crashes

Speeding, distracted driving, failure to yield and impaired driving. See our page on car accidents.

2 Truck Crashes

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.

3 Motorcycle Crashes

Drivers who turn across a rider’s path or change lanes without looking. See our page on motorcycle accidents.

4 Pedestrian Deaths

Drivers who fail to yield in crosswalks or fail to watch for people on foot. See our page on pedestrian accidents.

5 Other Preventable Deaths

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

Who can file a wrongful death lawsuit in West Virginia?
The action must be brought by and in the name of the personal representative of the person who died under W. Va. Code § 55-7-6(a). Family members receive the benefit of the claim, but the personal representative files it. If no personal representative has been appointed, a lawyer can explain the steps.
How long do families have to file a wrongful death claim in West Virginia?
A wrongful death action must be commenced within two years after the death under W. Va. Code § 55-7-6(d), subject to the refiling rule in § 55-2-18. If the family did not know, and could not reasonably have known, that the death was caused by someone’s wrongful conduct, the discovery rule recognized in Bradshaw v. Soulsby, 210 W. Va. 682, 558 S.E.2d 681 (2001), may delay when the two years begins. Because an estate must be opened and evidence can disappear, talk to a lawyer as soon as possible.
Who receives the money in a wrongful death case?
Under W. Va. Code § 55-7-6(b), the jury or court may divide the damages among the surviving spouse, children (including adopted children and stepchildren), brothers and sisters, parents, and persons who were financially dependent on the person who died or are otherwise equitably entitled to share. If there are no such survivors, the damages pass under the will or, if there is no will, under the laws of descent and distribution.
What damages can be recovered for a wrongful death?
Under W. Va. Code § 55-7-6(c)(1), damages include sorrow, mental anguish and solace, including loss of society, companionship, comfort, guidance, kindly offices and advice; the reasonably expected loss of income and of services, protection, care and assistance; medical and hospital expenses related to the fatal injury; and reasonable funeral expenses.
Can there be a wrongful death case if criminal charges are also pending?
Yes. Under W. Va. Code § 55-7-5, the civil action is available even when the death was caused under circumstances that amount in law to murder or manslaughter. The criminal case and the civil claim are separate, and the civil deadline can keep running while the criminal case is pending.
Do I have to come to Morgantown to meet with a lawyer?
No. If you cannot travel to Morgantown, we offer consultations by telephone. Call (304) 212-5791 to schedule a free consultation.
How much does it cost to hire your firm?
Your consultation with Slavey & Shumaker PLLC is free, and you pay no attorney’s fee unless we recover money for you. Call (304) 212-5791 or use the form on our contact page.
Our Attorneys
J. Brandon Shumaker
Managing Attorney
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J. Tyler Slavey
Managing Attorney
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Scott B. Harris
Associate Attorney
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Kasey Libby
Associate Attorney
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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.

Call (304) 212-5791

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.