This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

Wrongful Death Damages in West Virginia

West Virginia caps wrongful death damages at $500,000 under W. Va. Code § 55-7-5. This statute establishes the maximum total recovery for all claimants in a single wrongful death action, regardless of the number of beneficiaries or the severity of the loss. The cap applies to non-economic damages, such as pain and suffering or loss of consortium, while economic losses like medical expenses and lost income are generally recoverable without limit. The law also sets out factors that the fact-finder may consider and provides for certain exceptions. The worked example below shows how the cap interacts with a typical damage calculation. Use the DocketMath calculator to estimate the potential recovery under your specific circumstances.

Governing authority

In West Virginia, the wrongful death damages rule is set by W. Va. Code § 55-7-5. The verified packet cites W. Va. Code § 55-7-5 (https://code.wvlegislature.gov/55-7-5/).

West Virginia wrongful death damages: the verified value is $500,000 under W. Va. Code § 55-7-5. The verified packet cites W. Va. Code § 55-7-5 (https://code.wvlegislature.gov/55-7-5/).

Estimate your own result: every situation has exceptions that can change the outcome. Use the wrongful death damages calculator to estimate your specific figure.

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.