When someone you love dies because another person or company was careless, the grief comes first and the questions come later. Who was responsible. Whether anyone will be held accountable. How the family will manage without the income, the care, and the presence of the person who is gone.
West Virginia law gives families the right to pursue a wrongful death claim. It cannot undo the loss. It can hold the responsible party accountable, provide financial stability for the people who depended on your loved one, and force answers about what happened.
For more than thirty-five years, Attorney Jeff Robinette has represented clients in Morgantown and across West Virginia after deaths caused by vehicle crashes, industrial accidents, mine disasters, and other preventable tragedies. Call (304) 594-1800 for a free, confidential consultation. There is no fee unless we recover for your family.
West Virginia Wrongful Death Law: What the Statute Says
West Virginia wrongful death claims are governed by two sections of the state code. W. Va. Code § 55-7-5 creates the right to bring a claim, and W. Va. Code § 55-7-6 controls who files it, what damages are available, and how long a family has to act.
The right to a claim (§ 55-7-5). When a person dies because of another party’s wrongful act, neglect, or default, and the person could have brought an injury claim had they survived, the law allows a claim against the party who would have been responsible. This is true even when the conduct that caused the death would also be treated as a crime.
Who brings the claim (§ 55-7-6(a)). A West Virginia wrongful death action is brought by the personal representative of the deceased person’s estate, not directly by individual family members. The personal representative files on the family’s behalf, and any recovery is distributed to them. If there is a will, it usually names an executor. If there is no will, a family member can apply to the county commission to be appointed administrator. A personal representative appointed outside West Virginia must post a bond when the complaint is filed.
Who shares in the recovery (§ 55-7-6(b)). Damages are distributed among the survivors the statute recognizes: the surviving spouse and children, including adopted children and stepchildren, along with brothers, sisters, parents, and any person who was financially dependent on the deceased or who would otherwise be equitably entitled to share. If none of these survivors exist, the recovery passes under the deceased’s will or, if there is no will, under West Virginia’s laws of descent and distribution.
What damages are available (§ 55-7-6(c)). The statute allows a jury to award damages that include, but are not limited to:
- Sorrow, mental anguish, and solace, which covers the loss of the deceased’s society, companionship, comfort, guidance, and advice
- The reasonably expected loss of the deceased’s income, and the loss of the services, protection, care, and assistance the deceased provided
- Expenses for the care, treatment, and hospitalization connected to the injury that caused the death
- Reasonable funeral expenses
Because the statute says damages are not limited to those categories, additional compensation, including punitive damages, may be available in cases involving especially reckless or intentional conduct.
The filing deadline (§ 55-7-6(d)). A West Virginia wrongful death claim must generally be filed within two years of the date of death. Missing that deadline usually ends the right to recover, although narrow exceptions can apply. Because timing is decided case by case, families should have the deadline reviewed by an attorney as early as possible.
How Wrongful Death Cases Happen in West Virginia
Most wrongful death cases in this state occur in the same places serious injuries do: the roads and the industries that built West Virginia.
- Vehicle crashes. Fatal car accidents, truck accidents, motorcycle crashes, and drunk driving collisions. Truck cases in particular depend on evidence the carrier is only required to keep for a short time.
- Coal mining accidents. Explosions, roof falls, and equipment failures, often traced to safety violations. See our mining accident page.
- Oil, gas, and pipeline accidents. Well site fires, blowouts, and gas explosions that can affect workers and whole neighborhoods.
- Logging and timbering accidents. One of the most dangerous occupations in the state.
- Construction accidents. Falls, electrocution, and equipment failures on construction sites.
- Toxic exposure. Including carbon monoxide poisoning from faulty heating equipment in rental housing.
- Defective products. Vehicle parts, industrial tools, and other products that fail in ways the manufacturer should have prevented.
- Medical errors. Deaths caused by medical malpractice, which carry their own pre-suit notice requirements and damages limits.
When a workplace death is involved, families are often told workers’ compensation is their only option. That is frequently not true. Contractors, equipment manufacturers, property owners, and other third parties can be held responsible outside the comp system.
West Virginia Wrongful Death Case Examples
Workplace Death at a Power Plant
A young husband and father was carrying out his assigned duties at a power plant when he was put in harm’s way, backed over by a truck, and killed. Robinette Legal Group represented his widow and their small child and obtained a substantial settlement that helped the family begin to rebuild their lives.
Sago Mine Explosion
In 2006, the West Virginia coalfields suffered one of the worst mine explosions in decades. The firm represented the family of one of the miners who died and secured a confidential settlement for them.
Carbon Monoxide Poisoning in a Rental Home
A newly married couple moved into a rental property and turned on the thermostat their first evening. Within hours, carbon monoxide from a faulty furnace pipe filled the unit. One spouse died, and others in the building were hospitalized for severe toxic exposure. The firm secured a substantial settlement for two of the affected families, well beyond what they had expected.
These outcomes reflect the kinds of West Virginia wrongful death matters the firm has handled. Every case is different, and past results do not guarantee a particular outcome.
What Families Should Do in the First Weeks
Nobody should have to think about legal strategy while planning a funeral. But a few steps taken early protect a family’s options.
- Do not give a recorded statement to any insurance company, including one that calls to express sympathy.
- Do not sign releases or accept an early payment. Quick offers are made before anyone knows the full value of the loss, and accepting one usually closes the claim.
- Keep documents together. The death certificate, medical and hospital bills, funeral invoices, pay stubs and tax returns, insurance policies, and any police, OSHA, or MSHA reports.
- Preserve physical evidence. Do not let a vehicle be repaired or scrapped, or a rental property be altered, until it has been documented.
- Talk to a lawyer before opening the estate if you can. We can guide the family through appointing a personal representative so the claim is filed correctly.
What a Wrongful Death Lawyer Does for Your Family
Find out what happened
We start every case with our own investigation, separate from any police or regulatory inquiry. That means collecting crash and incident reports, medical records, workplace safety documentation, and photographs or video, interviewing witnesses, and working with accident reconstructionists and industry experts. The goal is a clear account of what happened and every party responsible for it.
Deal with the insurance companies
Insurers present themselves as compassionate and cooperative. Their job is to limit what they pay. In wrongful death cases, where losses can reach hundreds of thousands or millions of dollars, that often means an early offer designed to close the file before the family understands what the claim is worth.
Jeff Robinette represented insurance companies earlier in his career. He knows how these claims are evaluated internally and what evidence makes an insurer take a family seriously.
Value the full loss
A life cannot be reduced to a number, but the law requires one. We work with economists to project lost income and benefits, and document the services and care your loved one provided, so that the claim reflects everything your family has lost, not just the bills.
Go to court when necessary
Many wrongful death cases resolve through settlement. Not every defendant is willing to be fair without a fight. We prepare every case for trial, and when a fair offer is not made, we try it.
Carry the legal weight
From the first call, the legal work is ours. Your family’s job is to take care of each other.
“A few years ago my husband died, and it was a terrible time. I did not know where to go or who to turn to. I found myself at Jeff Robinette’s door, asking for his help. We had never met before, but he was so kind and helpful. He did an excellent job with my case. He worked so hard and kept me very informed of the progress. He started as my lawyer, and now I count him as my friend.”
— Wrongful death client, workplace accident
Why Robinette Legal Group
Jeffery L. Robinette is a National Board Certified Trial Attorney with more than thirty-five years of experience, an AV Preeminent rating, Super Lawyers designation, and lifetime membership in the Multi-Million Dollar Advocates Forum. He is a native West Virginian and a veteran of the U.S. Army’s 82nd Airborne Division.
The firm intentionally limits its caseload. A family that has lost someone will not be handed off to a case manager or treated as a file number. Jeff handles these cases personally.
Contact a Morgantown Wrongful Death Lawyer
If you lost someone because of another person’s or company’s negligence, call Robinette Legal Group at (304) 594-1800. The consultation is free and confidential, and there is no fee unless we recover for your family.
West Virginia Wrongful Death FAQs
Who can file a wrongful death claim in West Virginia?
Under West Virginia Code § 55-7-6, a wrongful death claim is filed by the personal representative of the deceased person’s estate, not by family members individually. The representative is usually named in the will, or appointed if there is no will. Any compensation is then distributed to the surviving family, including the spouse, children, parents, siblings, and anyone who depended on the deceased financially. A West Virginia wrongful death lawyer can handle the appointment and filing so the family does not have to navigate it alone.
How long do I have to file a wrongful death lawsuit in West Virginia?
In most cases, two years from the date of death. West Virginia Code § 55-7-6(d) sets this deadline, and missing it usually means losing the right to recover entirely. A small number of situations can affect the timing, so speak with a West Virginia wrongful death attorney as soon as possible to confirm the deadline that applies to your family.
What compensation can a West Virginia wrongful death attorney recover?
West Virginia law allows recovery for the family’s sorrow, mental anguish, and loss of the companionship and guidance of their loved one, along with the income and services the deceased would have provided, medical and hospital expenses tied to the fatal injury, and reasonable funeral costs. In cases involving reckless or intentional conduct, punitive damages may also be available.
Is there a limit on wrongful death compensation in West Virginia?
For most West Virginia wrongful death claims, there is no cap on the compensatory damages a jury can award. The main exception is medical malpractice, where state law limits non-economic damages. Punitive damages are subject to their own statutory limit. Whether any limit applies depends on the type of case.
Who receives the money in a West Virginia wrongful death settlement?
The compensation is distributed among the survivors the statute recognizes: the spouse and children, including adopted children and stepchildren, as well as parents, siblings, and anyone financially dependent on the deceased. When families disagree about how a recovery should be divided, the court can decide the proportions.
What is the difference between a wrongful death claim and a criminal case?
A criminal case is brought by the state to punish wrongdoing, and a conviction does not compensate the family. A wrongful death claim is a separate civil action the family pursues to recover for their loss. A family can win a civil wrongful death claim even if no one is criminally charged, because the civil standard of proof is lower.
My loved one died at work. Is workers’ compensation our only option?
Not necessarily. Workers’ compensation death benefits are often available, but if a contractor, equipment manufacturer, property owner, or other third party contributed to the death, the family may also have a wrongful death claim against them.
How much does it cost to hire a Morgantown wrongful death lawyer?
Robinette Legal Group handles wrongful death cases on a contingency fee basis. There is no fee unless the firm recovers compensation for your family, and the initial consultation is free.
The insurance company already offered a settlement. Do I still need a lawyer?
Speak with an attorney before accepting any offer. Insurers often reach out quickly with a number that looks generous but rarely reflects the full, long term value of the loss. Once an offer is accepted, the claim is usually closed for good.
Robinette Legal Group, PLLC – Morgantown Office Location
211 Everhart Dr Ste 200,
Morgantown, WV 26508,
United States
Contact Number – (304) 403-7504
Call us today to find out how we can help you.
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