West Virginia Wrongful Death Lawyers
Have you lost a family member, relative or loved one in an accident or because of negligence? If so, you have legal rights under West Virginia’s Wrongful Death Statute. Wrongful death claims are complicated, but an experienced wrongful death lawyer like those at West Law Firm can answer your questions, and explain your options.
If you would like a free, no pressure consultation, we invite you to call us today at 1-877-943-WEST (1-877-943-9378). With West Law Firm, there’s never a fee unless we win.
What is a Wrongful Death Lawsuit?
When considering whether or not to pursue a wrongful death claim in West Virginia, it’s helpful to know what that means under the law. In West Virginia, a wrongful death claim is a claim for losses, known as damages, arising from a death which has been caused wholly or partially by the negligence, carelessness, fault, recklessness or intent of another. The claim needs to be filed by the administrator or the executor of the deceased person’s estate.
Common Causes of Wrongful Death Claims
Unfortunately, car accidents cause many deaths each year in West Virginia. Accidents in high risk industries such as coal mining and Five Workers Injured in West Virginia Fracking Explosion at Antero Natural Gas Well Site have killed and injured many West Virginia workers. Additionally, the following types of accidents and incidents can lead to wrongful deaths and thus a wrongful death claim.
- WV Car Accidents
- WV Truck Accidents
- WV Motorcycle Accidents
- West Virginia work accident lawyers
- WV Fatal Medical Mistakes
Compensation Available in Wrongful Death Lawsuits
The administrator or the executor can file a wrongful death case to seek compensation for a number of losses including:
- Funeral Expenses
- Medical expenses related to the accident
- Projected future income of the deceased
- Health insurance and other work benefits
- Projected future financial contributions (e.g. tuition and mortgages)
- Services, protection, care and assistance provided by the decedent
- Sorrow, pain and mental anguish, and solace including companionship and comfort of the decedent
When Must a Wrongful Death Claim be filed?
In West Virginia, a wrongful death action must be filed within two years of the death of the person it is related to. It’s important to speak with an experienced lawyer as soon as possible, though, because evidence can be lost or destroyed and insurance companies often pressure victims or their loved ones to give recorded statements before they are represented by counsel. If you think you may have a wrongful death claim, we invite you to call us for a no obligation, free consultation. Our toll free number is 1-877-943-WEST (1-877-943-9378).
Who My be Eligible to Receive Compensation in a West Virginia Wrongful Death Claim?
In West Virginia wrongful death cases, an administrator or an executor of the estate of the deceased must file the claim. Once a settlement is reached or a verdict is obtained, a hearing will be set to approve the settlement. At that time, a judge will decide how to distribute the money to the survivors. Oftentimes, family members agree on what a fair distribution will be. The judge will also listen to any statements family members may have about what they think would be a fair distribution of the settlement or jury verdict.
Those eligible to receive benefits in a West Virginia wrongful death claim include:
- The surviving spouse of the deceased
- Children including stepchildren and adopted children
- Siblings of the deceased
- Anyone who was financially dependent on the decedent at the time of death.
Personal Injury Actions filed before the Wrongful Death
If a personal injury action has been brought by a victim claiming a wrongful act, neglect or a default and the victim later dies of his or her injuries, the lawsuit may be revived in the name of his or her personal representative, and the complaint shall be amended so as to conform to a wrongful death action under §55-7-8 of the West Virginia code.
Get a No Obligation, Free Evaluation of Your Wrongful Death Claim
We know that no amount of money can replace a lost loved one. However, a wrongful death claim can help ease the financial burdens that often follow the death of a loved one. A wrongful death claim can also make your financial future more secure and allow you to grieve without having to worry as much about how you’re going to support yourself or your family.
If you would like a FREE consultation with an experienced West Virginia wrongful death attorney, please call West Law Firm toll free number at 1-877-943-WEST (1-877-943-9378). We are located in Charleston, West Virginia and serve clients throughout the state and country.