Who Can File a Wrongful Death Claim in West Virginia
West Virginia has one plaintiff, the personal representative, and a broad list of people who can share.
The cause of action
W. Va. Code 55-7-5 makes the person or corporation that would have been liable liable for damages even though the death was caused under circumstances amounting to murder or manslaughter.
Who sues
Every action is brought by and in the name of the personal representative of the deceased, duly appointed in this state or elsewhere, and a representative appointed elsewhere must post a $100 bond.
Who shares
The jury or court may direct how damages are distributed among the surviving spouse and children, including adopted children and stepchildren, brothers, sisters, parents, and persons financially dependent on the decedent or equitably entitled to share. If there are none, damages follow the will or the laws of descent.
The decedent's own claim
Causes of action for injuries to the person not resulting in death survive and may be revived if the injured person dies while the action is pending.
A local personal injury attorney can review your claim — many offer a free consultation.
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.