What Is the Statute of Limitations for Wrongful Death in West Virginia?
In West Virginia, the statute of limitations for wrongful death is generally 2 years under W. Va. Code § 55-7-6(d).
Wrongful death Deadlines in West Virginia
How long do you have to file a wrongful death claim in West Virginia?
In West Virginia, the statute of limitations for wrongful death is generally 2 years under W. Va. Code § 55-7-6(d).
When does the clock start for wrongful death in West Virginia?
Two years from the date of death, not the date of the injury that caused it.
Can the West Virginia deadline for wrongful death be extended?
The period begins when the personal representative knows or should reasonably know that the death resulted from a wrongful act and the identity of the responsible party. Only the personal representative may bring the action. Repoint the URL.
Is the deadline different if the claim is against the government in West Virginia?
Often, yes. Generally 2 years; political subdivision limits apply under W. Va. Code §§ 29-12A-6, 55-2-12. The West Virginia Governmental Tort Claims and Insurance Reform Act, ch. 29-12A, governs claims against political subdivisions and sets a two-year period in § 29-12A-6, alongside immunity provisions and damages caps. West Virginia does not impose a short unive…
How does West Virginia compare to other states for wrongful death?
West Virginia's 2 years is in the middle of the range nationally. Across the 50 jurisdictions with a verified figure, the deadline for wrongful death ranges from 1 year to 3 years, and 2 years is the most common. Compare all states →
What Does Wrongful Death Cover?
Situations that typically fall under the wrongful death deadline in West Virginia:
