Wrongful Death | West Virginia
Wrongful Death Claims After a Drunk Driving Crash in West Virginia
When an impaired driver takes a loved one's life, families are left with grief and hard questions. The firm helps families across West Virginia understand their options after a drunk driving death.
Published November 3, 2026
A wrongful death drunk driver case in West Virginia is a civil claim filed after someone dies in a crash involving an impaired driver. It lets certain family members seek damages for their loss. This guide explains who may bring the claim, what it can cover, what evidence matters early, and what the process generally looks like.
What a Wrongful Death Claim After a Drunk Driving Crash Is
A wrongful death claim is a civil lawsuit brought after a person dies because of another party’s wrongful act. A drunk driving crash can support one when the impaired driver’s conduct is linked to the death, depending on the facts.
The claim is separate from any criminal case against the driver. A criminal case asks whether the state can prove a crime. A civil claim asks who must answer for the loss.
Under W. Va. Code § 55-7-6, the action must be brought by the personal representative of the deceased person’s estate. That is the person formally appointed to handle the estate. Surviving spouses, children, including adopted children and stepchildren, brothers, sisters, parents, and any persons who were financially dependent on the person at the time of death or would otherwise be equitably entitled to share in any recovery may share in it. The jury or court decides how damages are divided, as the statute directs.
If a loved one died in a crash where alcohol may have been involved, you may have a claim worth reviewing now. Request a free case review and tell us what happened. Talk it through with Big Bubba — the first case review is free, confidential, and carries no obligation.
What a Wrongful Death Claim Can Cover
A wrongful death claim can cover the family’s losses and certain expenses tied to the death. The statute requires the jury to state separately in its verdict the damages awarded for reasonable funeral, hospital, medical, and other expenses incurred as a result of the wrongful act, neglect, or default that resulted in death.
- Sorrow, mental anguish, and loss of companionship, comfort, guidance, and advice.
- Lost income the person could reasonably have expected to earn, plus the care and support they would have provided.
- Care, treatment, and hospital expenses from the injury that caused the death.
- Reasonable funeral expenses.
These categories come from § 55-7-6. If the person lived for a time after the crash, W. Va. Code § 55-7-8 may allow a separate claim for damages between the injury and death. The law allows only one recovery for each element of damages.
No one can predict the outcome at the start of a case.
How Impairment Shapes Fault in a Fatal Crash
Impairment matters because it can show how the crash happened, which is the core question in a claim. Evidence that may be relevant includes:
- Officer observations made at the scene
- Field sobriety test results
- Chemical test results, including blood alcohol testing
- Open containers or information about where the driver had been drinking
Under § 55-7-13c, a plaintiff’s own fault does not bar recovery unless it is greater than the combined fault of all others responsible, but any recovery is reduced in proportion to the plaintiff’s share of fault. The same statute can make an impaired driver jointly and severally liable when the impaired driving is a proximate cause of the harm.
Some claims also look at a business that served alcohol. § 60-7-12b limits when a licensee can be liable for serving an intoxicated person. Its 2025 amendments apply to cases filed on or after August 1, 2025.
Evidence Families Should Preserve After a Fatal Crash
Families should keep the crash report number, the agency name, and any records they receive. Some evidence may be hard to replace later.
- The crash report number and the investigating agency
- Photos of the scene and vehicles, if you have them
- Names and contact details for witnesses
- Medical, hospital, and coroner records
- Any test results or statements from investigators
- The person’s phone records, receipts, and calendar entries from the day of the crash, where relevant
Be careful with social media posts about the crash or the driver. Keep talks with insurers short until the facts are reviewed. Some insurers may dispute a claim, and early statements can be used later.
What to Expect: The Process From First Call to Resolution
Most claims start with a free case review and then move through investigation, insurer contact, filing, and resolution. The exact steps can vary from family to family.
- Free case review. You share the crash details, the parties involved, and your questions. The free case review carries no obligation to continue.
- Investigation. The team may gather the crash report, medical and hospital records, and witness information.
- Insurer contact. Notice to insurers may begin. Some insurers may dispute a claim.
- Filing. If a claim goes forward, West Virginia generally allows two years from the date of death to file, and exceptions may apply, under § 55-7-6. Families should not wait to ask about the deadline.
- Resolution. The case may end in negotiation, mediation, or trial. No one can promise how long each phase takes.
What the Firm Handles
The firm handles wrongful death claims, car and commercial truck crash claims, catastrophic injury claims, traumatic brain injury claims, and spinal cord injury claims. We serve families in Charleston, Huntington, Morgantown, Wheeling, Martinsburg, Parkersburg, Beckley, Clarksburg, Fairmont, Weirton, and across West Virginia.
Our support staff takes calls and online requests. You can reach the team through the contact page. The firm offers a free case review, and it carries no obligation to continue.
Not sure what your next step is?
Talk it through with Big Bubba — the first case review is free, confidential, and carries no obligation.
Common Questions About Drunk Driving Wrongful Death Claims
Here are answers to common questions about a wrongful death drunk driver claim in West Virginia.
Who can file a wrongful death claim after a drunk driving death?
The personal representative of the estate files the action. Surviving family members may share in any recovery.
Does the driver have to be convicted first?
The civil claim and the criminal case are separate. One does not automatically decide the other.
How long do families have to file?
West Virginia generally allows two years from the date of death, and exceptions may apply (W. Va. Code § 55-7-6). Ask about the deadline early.
Other sources may also be reviewed in some cases. The state DMV insurance page explains the mandatory auto insurance rules.
Can the family talk to the insurer directly?
You can, but some insurers may dispute a claim. Speaking with the firm first can help you decide what to say.
Understanding Your Options After a Serious Crash
If your family member died in a crash where alcohol may have been involved, you may have a claim worth reviewing now. You may still be grieving while facing decisions about the estate, the crash report, and the filing deadline.
Request a free case review through the contact page, or call the firm about your case. Tell Big Bubba what happened, in your own words. The team will review the crash details, the timeline of events, and what your family should gather next.