§55-7-5. Action for death by wrongful act.
Whenever the death of a person shall be caused by wrongful
act, neglect, or default, and the act, neglect or default is such
as would (if death had not ensued) have entitled the party injured
to maintain an action to recover damages in respect thereof, then,
and in every such case, the person who, or the corporation which,
would have been liable if death had not ensued, shall be liable to
an action for damages, notwithstanding the death of the person
injured, and although the death shall have been caused under such
circumstances as amount in law to murder in the first or second
degree, or manslaughter. No action, however, shall be maintained
by the personal representative of one who, not an infant, after
injury, has compromised for such injury and accepted satisfaction
therefor previous to his death. Any right of action which may
hereafter accrue by reason of such injury done to the person of
another shall survive the death of the wrongdoer, and may be
enforced against the executor or administrator, either by reviving
against such personal representative a suit which may have been
brought against the wrongdoer himself in his lifetime, or by
bringing an original suit against his personal representative after
his death, whether or not the death of the wrongdoer occurred
before or after the death of the injured party.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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