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Who Can File A Wrongful Death Claim In West Virginia?

When a family member dies due to the careless or negligent actions of another, the surviving family members can file a wrongful death lawsuit against the responsible party.

Filing a wrongful death suit can do more than provide compensation for the family of the deceased. It can also hold wrongdoers accountable.

Filing a wrongful death claim in West Virginia

Under West Virginia law, the personal representative of the estate files a wrongful death claim on behalf of all eligible family members. The personal representative is the person named as the representative of the deceased person's estate.

Family members who may receive compensation include:

  • The spouse of the deceased
  • Children of the deceased, including stepchildren and adopted children
  • Parents and siblings of the deceased
  • Other family members who were financially dependent on the deceased

Eligible family members can recover compensation for medical bills, funeral expenses, mental anguish, loss of companionship and lost wages, including future earnings the deceased would have earned. The personal representative has up to two years to file a wrongful death claim.

What if my family member was partially responsible for the fatal accident?

Family members can still recover compensation if the deceased was not 50 percent or more at fault. The award would be reduced by the percentage of fault assigned to the deceased.

The law firm of Hoover Andrews PLLC in Barboursville, West Virginia, offers a free initial consultation to determine if you are eligible to file a wrongful death claim.

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3570 US Route 60 East
Barboursville, WV 25504

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