West Virginia Code Chapter 55. Actions, Suits and Arbitration; Judicial Sale § 55-7-8. Personal injury action where injuries result in death




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.





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