Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).

Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.

Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).

In West Virginia, wrongful death claims are governed by the West Virginia Code, specifically Chapter 55, Article 7. This statute allows the personal representative of the deceased's estate to file a wrongful death lawsuit on behalf of the beneficiaries, which may include the surviving spouse, children, siblings, parents, and any persons who were financially dependent on the deceased. The claim must be filed within two years of the date of death. Damages that may be recovered include sorrow and mental anguish, loss of companionship and guidance, lost wages and benefits, medical and funeral expenses, and in some cases, punitive damages. The distribution of any damages awarded is also outlined in the statute, with a priority given to the spouse, children, and parents of the deceased. If none of these relatives are alive or if they decline to take the damages, the statute provides guidance on how the damages may be distributed to other relatives or beneficiaries.