WV Wrongful Death Lawsuit Lawyers
WV Wrongful Death Lawsuit Q&A
When the death of someone you love in West Virginia (WV) is caused by someone else’s negligence or actions, it’s difficult to know what to do next. A WV wrongful death lawsuit provides a legal avenue for relatives and dependents to seek justice and compensation.
This blog answers some of the most common questions our West Virginia wrongful death lawyers are asked, offering valuable insights for families coping with this kind of tragic loss.
What Is a WV Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action brought when someone’s death is caused by the wrongdoing or negligence of another person or entity. This type of lawsuit is designed to provide financial support to the deceased’s survivors and hold the responsible party accountable. WV Code § 55-7-5 details the circumstances under which these actions may be filed.
Who May File a Wrongful Death Lawsuit in WV?
A wrongful death claim in WV is filed by the personal representative of the estate. This representative is often named in the deceased’s will or appointed by the court if there is no will.
The beneficiaries of a WV wrongful death lawsuit can include:
- Spouse
- Biological or adopted children and stepchildren
- Parents
- Siblings
- Other dependents
What Are the Grounds for a Wrongful Death Claim in WV?
To establish a wrongful death claim in West Virginia, the plaintiff must prove these conditions:
- The responsible party had a duty of care.
- The duty of care was breached.
- The breach of this duty resulted in the death.
- The death led to losses for the deceased’s loved ones.
What Damages May Be Recovered in a WV Wrongful Death Lawsuit?
The jury in a wrongful death case can award however much in damages they deem fair and just. The damages that may be recovered in a wrongful death lawsuit in WV typically include:
- Economic Damages: This includes medical expenses, funeral costs, loss of the deceased’s income/expected earnings, and loss of services, protection, care, and assistance.
- Non-Economic Damages: Compensation for harm such as sorrow, mental anguish, and solace for loss of companionship, guidance, comfort, and care.
- Punitive Damages: In cases of willful, intentional wrongdoing, punitive damages may be awarded as a punishment and deterrent.
Should You Take a WV Wrongful Death Settlement or File a Lawsuit?
The process of a wrongful death lawsuit in West Virginia typically involves several steps. Your attorney will gather evidence to support your claim and try to negotiate a reasonable WV wrongful death settlement with the responsible party or their insurer. If a settlement cannot be reached, the estate’s personal representative files the lawsuit in a West Virginia court.
This begins a phase known as discovery, during which the parties exchange information and evidence. Further efforts to resolve the case through negotiation or mediation might occur during this time. If a settlement can’t be reached, the case goes to trial, where a jury decides if the other party is liable and the proper amount of damages.
In West Virginia, a wrongful death claim must be filed within two years of the date of death. Failing to file within this period can result in the loss of the right to sue. Further, if you have accepted any payment from the wrongdoer or their insurance company as settlement for damages resulting from the death, the personal representative will be precluded from filing a lawsuit. It is therefore important to consult legal counsel before even speaking with the wrongdoer or their insurance company.
Contact Our Wrongful Death Lawyers in West Virginia
Dealing with a wrongful death lawsuit can be complicated and stressful. It is crucial to seek the guidance of a knowledgeable attorney who can offer comprehensive support through this challenging time.
At Burke, Schultz, Harman & Jenkinson, our wrongful death lawyers help families in West Virginia who lost a loved one in a car accident, construction accident, or other fatal incident get justice and compensation by holding the responsible party or parties accountable for the harm they have caused. For families seeking assistance with a wrongful death claim, consulting with a local law firm experienced in wrongful death law can be the first step toward finding closure and valuable financial help.
Remember, each case is unique, and legal advice tailored to your specific situation is invaluable. For a no-cost, confidential consultation and answers to questions about your WV wrongful death lawsuit, call our office in Martinsburg at 304-263-0900, toll-free at 800-903-0901, or complete our online contact form.