West Virginia · Death claim: who can ask for help?

Death claim: who can ask for help?

See If You Qualify

Free · No obligation · About 2 minutes

Filing deadline2 years from date of deathW. Va. Code § 55-7B-8

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in West Virginia?

West Virginia: 2 years from date of death A lawyer can confirm yours.

2 years from date of death

Source: W. Va. Code § 55-7B-8

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

Woman on the phone on her sofa, smiling
A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

West Virginia Code § 55-7-5 provides the wrongful death action, and § 55-7-6(d) sets a 2-year statute of limitations. Economic damages (lost earnings, medical expenses, funeral costs) are uncapped. Kanawha County Circuit Court (Charleston) handles West Virginia's highest volume of wrongful death cases. West Virginia's coal mining industry, chemical manufacturing along the Kanawha Valley, and rural highway fatality rates generate significant wrongful death case volume.

How this works nationally

For the overall process and updates, read the Death claim: who can ask for help? overview. This page covers the local information available for West Virginia.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in West Virginia? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

Register your interest

Sources

  1. W. Va. Code § 55-7B-8