Wrongful Death Damages Include Sorrow in West Virginia

By the FigureMyTax Editorial Team · How we calculate

West Virginia names grief-type damages in its wrongful death statute and caps only special categories of defendant.

What the verdict must include

W. Va. Code 55-7-6(c) says the verdict must include, without being limited to, sorrow, mental anguish and solace, which may include society, companionship, comfort, guidance, kindly offices and advice of the decedent.

Economic damages

It also lists reasonably expected loss of the decedent's income and of services, protection, care and assistance; care, treatment and hospitalization expenses; and reasonable funeral expenses, which the jury must state separately.

No cap in the statute

The jury may award such damages as seem fair and just. We found no dollar cap in the wrongful death section.

The malpractice limit

For a death caused by medical professional liability, noneconomic loss is limited to $500,000 per occurrence, indexed up to $750,000, regardless of the number of distributees, and only against a defendant with $1 million of coverage.

Local governments

Against a political subdivision, noneconomic loss may not exceed $500,000 for any one person.

Fault

The decedent's fault reduces the damages and bars them only if greater than the combined fault of all others.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how West Virginia's rules apply to your specific case with a licensed West Virginia attorney.