West Virginia Code § 55-7-8a

Actions which survive; limitations; law governing such actions
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(a) In addition to the causes of action which survive at common law, causes of action for
injuries to property, real or personal, injuries to the person and not resulting in death, deceit
or fraud, or any violations of §46A-1-101 et. seq. of this code, also survive; and such actions
may be brought notwithstanding the death of the person entitled to recover or the death of
the person liable. e
(b) If any action is begun during the lifetime of the injured party, and within the period of
time permissible under the applicable statute of limitations as provided by §55-2-1 et seq. of
this code and §55-2A-1 et seq. of this code, (either against the wruongdoer or his or her
personal representative), and the injured party dies pending the action it may be revived in
favor of the personal representative of the injured party andt prosecuted to judgment and
execution against the wrongdoer or personal representative.
(c) If the injured party dies before having begun an action and it is not at the time of his or
her death barred by the applicable statute of limitaltions under the provisions of §55-2-1 et
seq. of this code and §55-2A-1 et seq. of this csode the action may be begun by the personal
representative of the injured party against the wrongdoer or personal representative and
prosecuted to judgment and execution against the wrongdoer or his or her personal
representative. Any action shall be ignstituted within the same period of time that would have
been applicable had the injured party not died.
(d) If an action mentioned in the subsections (a), (b) and/or (c) of this section have been
begun against the wrongdoer and he or she dies during the pendency thereof, it may be
revived against the personal representative of the wrongdoer and prosecuted to judgment
and execution.
(e) The applicable provisions of §56-8-1 et seq. of this code govern the actions hereinabove
mentioned, with reference to their abatement, revival, discontinuance, reinstatement, and
subWstitution of parties.
(f) Nothing contained in this section shall be construed to extend the time within which an
action for any other tort shall be brought, nor to give the right to assign a claim for a tort not
otherwise assignable.

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