West Virginia Code § 55-7-5

Action for death by wrongful act
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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 eof 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 actrion, 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 bte 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.

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