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Surviving spouse. Children, stepchildren, and adopted children. Parents and siblings. Other dependents (including any people who were financially dependent upon the decedent at the time of his or her death)
What is the statute of limitations for a negligence claim in your jurisdiction? The statute of limitations is two years (W. Va. Code § 55-2-12; Evans, 775 S.E.2d at 508).
In a successful wrongful death lawsuit, the court orders the defendant to pay "damages"?or compensation for losses associated with the death?to the deceased person's survivors or estate.
For wrongful death matters in the state of Virginia, the filing party has two years from the date of the death to bring forth a lawsuit. Note that this is from the date of the death, not the date of the incident.
Negligent Infliction of Emotional Distress ? West Virginia recognizes Negligent Infliction of Emotional Distress as an independent cause of action. 8. Collateral Source Rule - The Collateral Source Rule is recognized in West Virginia.
Wrongful Death Damage Award Caps Noneconomic damages compensate for losses that are harder to calculate, like loss of companionship, support, and more. West Virginia law generally caps noneconomic damages at $250,000.
Under West Virginia's wrongful death law, the following people may receive compensation in a wrongful death case: the deceased's surviving spouse. the deceased's children, stepchildren, and adopted children. the deceased's parents and siblings, and.