Wrongful Death Statute of Limitations in West Virginia

Last verified 2026-07 · Source: W. Va. Code § 55-7-6 ✓ verified · 3 sources

The deadline to file a wrongful death lawsuit in West Virginia is 2 years, set by W. Va. Code § 55-7-6. It starts running on Date of death. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.

West Virginia Deadlines for Related Claims

When the Clock Starts

In West Virginia, the limitations period for wrongful death claims generally begins on Date of death. West Virginia does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.

Exceptions That Can Extend the Deadline

• Minors: the clock is generally paused while the injured person is under 18.
• Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
• Defendant leaves the state: absence can pause the clock in many circumstances.
• Government-claim trap: W. Va. Code § 29-12A-6: 2-year SOL for claims against political subdivisions from date cause of action arose or discovery. Complaints must not specify monetary amount. Minors under 10 have until their 12th birthday or 2 years from discovery, whichever is longer. No specific pre-suit notice period found in the Governmental Tort Claims Act.
• Damage caps: No general wrongful death damage cap. $500,000 cap on noneconomic damages in medical professional liability cases (W. Va. Code § 55-7B-8).

Filed by personal representative of the estate. Damages include sorrow, mental anguish, loss of companionship, lost income, medical expenses, and funeral costs. Jury must separately itemize funeral/medical expenses. Distribution to surviving spouse, children (including adopted/step), siblings, parents, and dependents. Minor tolling under § 55-2-15 pauses SOL during minority with 20-year hard cap. Survival action governed separately by § 55-7-8a. Statute applies to deaths on or after July 1, 1988.

Source: W. Va. Code § 55-7-6, official West Virginia statute · verified 2026-07

What to Do Before the Deadline Runs

1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
3. Send preservation/notice letters where required (especially for West Virginia government defendants).
4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How West Virginia Compares to Nearby States

Frequently Asked Questions

Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed West Virginia attorney.