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.