Wrongful Death Lawyer
If you have lost a family member or loved one, because of someone else's wrongful conduct, then you may be entitled to file an action to recover monetary damages to compensate you for your loss. Although we understand that no amount of money will ever replace the loss of a loved one or relieve the grieving, there is some comfort in obtaining closure and in holding accountable those responsible for your loss. If you have lost a loved one as a result of any of the following types of incidents:
- medical negligence
- vehicular accident
- industrial accidents
- coal mine accidents
- defective product accidents
- workplace injury
- other personal injury resulting from negligence or deliberate misconduct
WV Wrongful Death Lawyer
Our experienced lawyers in the Morgantown law office of Adams Legal Group, PLLC have handled numerous wrongful death claims arising out of a variety of circumstances and mechanisms of injuries. We understand that your loss and your decision to pursue a claim for damages must be handled with both human compassion toward you, and commitment, dedication and zealous advocacy in pursuing a recovery through a civil action for your loss. Pursuing a wrongful death lawsuit is not an easy decision to make for the loved ones who have been left behind, and you deserve an attorney who understands your sense of loss, and who can competently and compassionately help you obtain the closure that you deserve.
West Virginia Wrongful Death Statute
West Virginia has a specific statute that applies to causes of action brought for wrongful death in the state. Under West Virginia Code §55-7-6, the WV State Legislature has mandated how and by whom an action shall be brought, the types of damages allowed, and how damages should be apportioned among heirs and financial dependents. By statute in West Virginia, a duly qualified administrator or executor of the decedent's estate may bring an action within 2 years of death, and may claim damages for all of the following elements:
- Sorrow, mental anguish, and solace
- compensation for reasonably expected loss of
- income of the decedent, and
- services, protection, care and assistance provided by the decedent
- expenses for the care, treatment and hospitalization of the decedent
- reasonable funeral expenses
West Virginia Statute of Limitations for Wrongful Death
Under the applicable West Virginia Code §55-7-6(d), a civil action for the wrongful death of a loved one must be instituted in the appropriate court within two (2) years of the death of your loved one. This is known as the "statute of limitations" and is an absolute time limit on the filing of such actions. There are certain exceptions that may be applicable in very limited cases, such as the discovery rule; however, in a wrongful death case, this exception does not typically apply. The discovery rule allows for an equitable extension of the 2-year limitations period in certain injury cases, where the injury itself or the wrongful mechanism of the injury is not reasonably appreciable, because of the active concealment of the wrongdoer whose conduct was the wrongful mechanism of injury. An example of where this might apply, would be where a person goes for medical treatment and dies during the course of treatment, where the apparent cause of death is unknown or is ascribed to something other than medical error. A delay ensues between the death and the autopsy results. The results of the autopsy specify medical negligence as the cause of death. This discovery of new information, which may have been concealed or obfuscated by the original medical records may allow for an extension of the 2-year limit to file an action, such that you may have two years to file after the date of discovery of the new information. Again, this is a very limited exception and should be properly assessed in each individual case by an experienced attorney. Regardless, because of the 2-year statute of limitations, it is imperative that you consult with an experienced wrongful death lawyer as early after the death as possible, in order to allow sufficient time for the lawyer to review medical records and conduct other pertinent investigations into the cause and mechanism of death and assess whether another's wrongful conduct was to blame.
Pennsylvania Wrongful Death Attorney
The lawyers in our Morgantown WV law office also handle claims throughout Pennsylvania seeking recovery of damages for the wrongful death of a loved one. If you have lost a loved one on account of the negligence or wrongful actions of another party, through an accident, medical negligence, workplace injury, injury on another's premises, or because of a defective product, please contact the competent wrongful death attorneys at Adams Legal Group, PLLC today for a free consultation to discuss your legal rights and chances of recovery for the loss of your loved one.