Miller v. Romero

In Miller v. Romero, 186 W. Va. 523, 413 S.E.2d 178 (1991), the Court determined that the discovery rule which extends the statute of limitations in medical malpractice claims cannot be used to extend the filing period in a wrongful death action. The Court reasoned that the bringing of a suit within two years from the death of the person, as required by W.Va. Code 55-7-6, is an essential element of a wrongful death action and not a statute of limitation. The Court held in Syllabus Point 2 of Miller that "the two-year period which limits the time in which a decedent's representative can file suit is extended only when evidence of fraud, misrepresentation, or concealment of material facts surrounding the death is presented."