If your loved one was killed by someone else’s reckless, careless or otherwise negligent actions in West Virginia, you may have grounds to file a wrongful death lawsuit. Although nothing can be done to bring back the life that was lost, you can hold the responsible party accountable for their wrongdoing while also seeking compensation for the losses that you and your entire family have suffered.
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Let WVLawyer fight to recover the damages that you are entitled to by scheduling a free, no-obligation consultation with one of our wrongful death lawyers today. We have already secured more than $100 million in recoveries for past clients, so you can count on us to provide the vigorous representation that you deserve. With us, you don’t pay unless we win your case.
Who can file a wrongful death claim in West Virginia?
Unlike a criminal case, which is brought by the state, wrongful death actions are filed by the personal representative of a deceased victim’s estate in West Virginia. However, this does not mean that only one person would be eligible to recover damages. According to West Virginia Code § 55-7-6, many surviving family members could be entitled to a share of the recovery if damages are awarded.
Family members who may be entitled to compensation include:
The deceased’s surviving spouse
The deceased’s children or stepchildren
The deceased’s parents and siblings
Other financially dependent family members
How long do I have to file a wrongful death claim?
In West Virginia, the statute of limitations specifies that all civil actions must be filed within a certain amount of time—either from the date of injury or the date of death. In cases of wrongful death, the personal representative of the deceased’s estate would have two years to file a claim. If the claim is not filed within two years, it is likely that the court would dismiss the case without a hearing.
What types of damages am I eligible to recover?
When filing a wrongful death claim, you and your family may be eligible to recover several different types of damages, including those that are both economic and non-economic in nature. For example, you may be able to seek compensation for monetary losses like funeral and burial expenses, while also seeking compensation for non-economic losses like loss of companionship and comfort.
Just a few of the damages that you can seek payment for include:
Sorrow, mental anguish, and solace
Loss of comfort, society, and guidance
Medical bills incurred by the deceased
Expenses for the funeral and burial
Loss of financial support (lost wages)
You Don’t Pay Unless We Win Your Case
When you hire a Charleston wrongful death attorney from WVLawyer, you won’t be expected to pay for our legal services unless we win your case. We also offer a free case evaluation to get your case started, so you would have nothing to lose by taking the first step today. We can put more than four decades of combined legal experience to work for you as soon as you give us a call.