Time limits apply in West Virginia. Find out if you still qualify.
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Verified against court records, regulatory records, and peer-reviewed research.
Last reviewed against primary sources: March 2, 2026
Statute of Limitations
West Virginia: 2 years from date of death
2 years from date of death
Where to File in West Virginia
West Virginia Code § 55-7-5 governs wrongful death claims with a 2-year statute of limitations. West Virginia caps non-economic damages at $500,000 in most personal injury and wrongful death cases under W. Va. Code § 55-7B-8. 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.
Exposure in West Virginia
Source: W. Va. Code § 55-7B-8
Source: W. Va. Code § 55-7-5