West Virginia Wrongful Death Statute of Limitations

Quick answer
In West Virginia, the deadline that generally applies to wrongful death claims is 2 years from the date of death, under W. Va. Code § 55-7-6. Certain circumstances can pause or extend this window. This is general legal information, not a personal deadline determination for your situation.
West Virginia
Wrongful Death
General statute of limitations
2
years to file
In West Virginia, a wrongful death claim must generally be filed within 2 years of the date of injury or death. Filing after this window typically bars the claim permanently.
Governing statute: W. Va. Code § 55-7-6

What starts the clock, and tolling exceptions

Clock typically starts
Date of death
The SOL for wrongful death runs from the date of the decedent's death, not the date of the underlying injury or negligent act.
Government defendants
Notice of claim may be required
If your claim is against a government entity (a city, county, state agency, or public employee), most states require a separate notice of claim within 30 to 180 days. Missing this notice deadline can bar your claim entirely, independent of the SOL.
Tolling: when the clock may pause
Wrongful death deadlines typically run from the date of death, not the underlying injury. Estate representatives must bring the claim. Some states require the estate to be opened before the clock begins.

Filing deadlines by claim type in West Virginia

Claim typeDeadlineStatute
Personal Injury2 yearsW. Va. Code § 55-2-12
Car Accident2 yearsW. Va. Code § 55-2-12
Slip & Fall / Premises2 yearsW. Va. Code § 55-2-12
Medical Malpractice2 yearsW. Va. Code § 55-7B-4
Wrongful Death2 yearsW. Va. Code § 55-7-6

What cases like this have ranged for

Illustrative · national · not case-specific
$100,000 – $2,000,000+
Wrongful death claims reflect lost income, companionship, and other statutory damages, and vary sharply by jurisdiction and dependents.
What is my case worth? →How these ranges are compiled →
Educational information only: not legal advice
This result reflects the general statutory period for wrongful death claims in West Virginia based on publicly available statutes. Your actual deadline may differ based on the specific facts of your case, applicable tolling rules, discovery rule application, government defendant requirements, and other circumstances. This information is for educational purposes only and does not constitute legal advice and does not create an attorney-client relationship. Caseworth makes no warranty as to the accuracy, completeness, or currency of this information. Consult a licensed attorney in West Virginia before making any decisions about your claim.
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Common questions

What is the statute of limitations for a wrongful death claim in West Virginia?

In West Virginia, the general statute of limitations for wrongful death claims is 2 years under W. Va. Code § 55-7-6. This is general educational information; the deadline that applies to matters like yours may differ based on the specific facts of the case. Consult a licensed attorney in West Virginia to confirm the deadline for your situation.

What starts the clock on the West Virginia wrongful death deadline?

The SOL for wrongful death runs from the date of the decedent's death, not the date of the underlying injury or negligent act.

Are there tolling exceptions in West Virginia?

Yes. Wrongful death deadlines typically run from the date of death, not the underlying injury. Estate representatives must bring the claim. Some states require the estate to be opened before the clock begins. Tolling rules vary by state and case type, so it is worth confirming with a licensed attorney in West Virginia whether an exception applies to matters like yours.

What have cases like this ranged for?

Nationally, cases like this have historically ranged $100,000 – $2,000,000+ (illustrative, not specific to West Virginia or to any individual case). Wrongful death claims reflect lost income, companionship, and other statutory damages, and vary sharply by jurisdiction and dependents. See the Settlement Data & Methodology hub for how these ranges are compiled.

Learn more: Settlement Data & Methodology · Statute of Limitations Checker · What is my case worth?

Other claim types in West Virginia

What is my case worth in West Virginia? — cited value range + this deadline

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