Where an action is brought by a person injured for damage caused by the wrongful act, neglect or default of any person or corporation, and the person injured dies as a result thereof, the action shall not abate by reason of his or her death but, his or her death being suggested, it may be revived in the name of his or her personal representative, and the complaint shall be amended so as to conform to an action under sections five and six of this article, and the case proceeded with as if the action had been brought under said sections. Additionally a separate and distinct cause of action may be brought, and if brought, shall be joined in the same proceeding for damages incurred between the time of injury and death where not otherwise provided for in said sections five and six. In either case there shall be but one recovery for each element of damages: Provided, That nothing in this section shall be construed in derogation of the provisions of section twelve of this article.
Structure West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
Article 7. Actions for Injuries
§55-7-3. Unlawful Seizure or Attachment
§55-7-4. Action of Replevin Abolished
§55-7-5. Action for Death by Wrongful Act
§55-7-7. Compromise of Claim for Death by Wrongful Act
§55-7-8. Personal Injury Action Where Injuries Result in Death
§55-7-8a. Actions Which Survive; Limitations; Law Governing Such Actions
§55-7-9. Violation of Statutes
§55-7-10. Trespass Abolished; Trespass on the Case to Lie in Lieu Thereof
§55-7-11. Suits Against Unincorporated Common Carriers
§55-7-13a. Modified Comparative Fault Standard Established
§55-7-13c. Liability to Be Several; Amount of Judgment; Allocation of Fault
§55-7-14. Liability of Visual or Sound Broadcasting Stations for Defamatory Statements
§55-7-15. Aid to Victim of Accident and Victim of Crime; Immunity From Civil Liability
§55-7-16. Immunity From Liability for Ski Patrol Rendering Emergency Care
§55-7-18a. Employer Immunity From Liability; Disclosure of Information Regarding Former Employees
§55-7-20. Limiting Civil Liability of Nonprofits for Arranging Passage on Excursion Trains
§55-7-22. Civil Relief for Persons Resisting Certain Criminal Activities
§55-7-23. Prescription Drugs and Medical Devices; Limiting Health Care Providers' Liability Exposure
§55-7-27. Liability of Possessor of Real Property for Harm to a Trespasser
§55-7-29. Limitations on Punitive Damages
§55-7-31. Limitation on Products Liability Actions; Innocent Seller