WV Wrongful Death Lawyer

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West Virginia Wrongful Death Attorneys

The Morgantown, West Virginia wrongful death attorneys adeptly and aggressively handle death cases throughout the entire state of WV. 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. WV Wrongful Death Attorneys

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. 

Having an experienced wrongful death lawyer on your side can also help you through the hurdles of pursuing a claim, and dealing with the fallout –  handling creditors, potential heirs seeking compensation, and seeking justice for a wrong. Having us on your team allows you to leave the worries to us, while you deal with the grieving and getting your life back on track.

What Is A Wrongful Death Claim?

A wrongful death claim is a civil claim filed by the family or other surviving beneficiaries of someone who died because of another party’s negligence, seeking monetary damages for the loss and accompanying grief. The claim or lawsuit can be filed against the person or organization who caused the death, such as a drunk driver.

A wrongful death claim may result in money damages for the family of the deceased person, including compensation for pain and suffering, lost income, and medical expenses.

Check out more answers to frequently asked questions.

What Types of Incidents Can Give Cause To A Wrongful Death Claim?

If you have lost a loved one as a result of any of the following types of incidents, in West Virginia, one of our highly experienced wrongful death attorneys may be able to assist you in seeking a recovery for your losses:

call the experienced and competent wrongful death lawyers at Adams Legal Group, PLLC for a free consultation to discuss your rights and possibilities of recovery – (304) 381-2166. Remember – we do not charge a fee, unless we obtain a recovery for your loss.

Best WV Wrongful Death Lawyers

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 and our your top choice for effectively handling your death claim. 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 lawsuit seeking damages for the loss of a loved one is not an easy decision to make for the family members 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. 

What Type Of Outcome Can I Expect From My WV Wrongful Death Claim?

The best WV wrongful death claims attorneys will not only work hard to help you secure the best settlements or damages awards, but will work WITH YOU to ensure that you understand the process and help you through the process and all of the struggles you may face along the way. 

Your wrongful death claim, to you is not just about receiving a monetary award or economic loss recovery. Rather, you need help to put together all of the pieces after the loss of a loved one. 

At Adams Legal Group, PLLC, our Morgantown, WV wrongful death attorneys will work not just for you, but WITH YOU to get you the justice that you deserve, not just a civil recovery of money, but fair compensation for all of your losses, including the intangible losses – the emotional pain, suffering, loss of solace and companionship, grief – that you undoubtedly suffer when losing a loved one.

We will help you through the process of pursuing a legal claim for damages, but we will also help you put the pieces together after a tragic loss. We offer guidance on next steps for you and your family. We also offer closure – by way of seeking justice for a loved one killed by the negligence and wrongdoing of another. We also promise to fight the big defendants with big money and the big insurance companies with even bigger money and big defense law firms – we will fight your case all the way to a jury verdict, if that is what it takes!

Call us today to start a conversation about how we can work to help you and your family – (304) 381-2166 or click the button below to begin with a quick message.

Where Have We Handled Personal Injury And Fatal Accident Claims?

Our Morgantown WV wrongful death claims attorneys have handled injury and death lawsuits throughout the entire State of West Virginia and will take serious injury and death cases throughout the State, including but not limited to in the following areas:

  • Morgantown, WV
  • Fairmont, WV
  • Clarksburg, WV
  • Bridgeport, WV
  • Buckhannon, WV
  • Kingwood, WV
  • Bruceton Mills, WV
  • Elkins, WV
  • Grafton, WV
  • Charleston, WV
  • Huntington, WV
  • Parkersburg, WV
  • Wheeling, WV
  • Weirton, WV
  • Beckley, WV
  • Martinsburg, WV
  • St. Albans, WV
  • Bluefield, WV
  • Moundsville, WV
  • Princeton, WV
  • Hurricane, WV
  • Keyser, WV
  • New Martinsville, WV
  • Charles Town, WV
  • Weston, WV
  • Lewisburg, WV
  • Summersville, WV
  • Philippi, WV
  • Fayetteville, WV
  • Moorefield, WV
  • Petersburg, WV
  • Romney, WV
  • Mannington, WV

How Do I File A Wrongful Death Claim in WV?

West Virginia has a wrongful death statute, which is a specific law that applies to causes of action brought for 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
How Long Do You Have To File Your West Virginia Wrongful Death Action?

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 case involving a fatality, 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.

Morgantown, WV Wrongful Death Attorney

The lawyers in our Morgantown WV law office handle claims 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 Morgantown, West Virginia 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 – (304) 381-2166 or click the button below to contact us through our website

Best Morgantown WV Wrongful Death Lawyer
William S. Adams, Morgantown, WV Wrongful Death Attorney

WV Wrongful Death Lawyers - Frequently Asked Questions

What Is the Statute Of Limitations For A WV Wrongful Death Claim?

In West Virginia the time limitation within which you must file a formal lawsuit  in Court in order to preserve your claim (aka – the “statute of limitations”) is two years from the date of death. The statute of limitations for death claims vary by state. In some states, there is no statute of limitations. In others, the statute may vary depending on the cause of death. 

How Do I File A Wrongful Death Claim In West Virginia?

Because of the complexity of the laws and the court procedures necessary to prosecute a wrongful death claim, it is highly recommended that you retain a competent WV wrongful death lawyer to help you through the legal process. Wrongful death refers to a situation where the person who died did not die as a result of their own actions, but rather because of someone else’s actions that were “wrongful” or negligent. In this case, the family of the deceased is able to file a wrongful death claim against the person or company that is responsible, as an “at-fault” or negligent party, for their loved one’s death.

There are different ways that you can file a wrongful death claim. You can file it through a lawyer or you can do it on your own with an online form.  In West Virginia, the procedures for filing a claim, for establishing a fiduciary (the representative of the estate), for notifying all potential beneficiaries, and for establishing your strongest claim for the best and highest settlement or monetary award. You will also need to provide information about your loved one, your relationship, and the person who caused their death, as well as the circumstances of the death.

What Are The Criteria For What Qualifies As A Wrongful Death In WV?

Wrongful death is a legal term that describes the death of an individual due to the negligence, recklessness, or intentional and wrongful conduct of another person. The victim’s family may be eligible to receive damages if they can prove that the defendant acted in a negligent manner or committed a wrongful act.

The following are some of the criteria for what qualifies as wrongful death in the State of West Virginia:

  • The victim is dead and died because of an injury, illness, or condition which was caused by someone else’s negligence or wrongful conduct.

  • The defendant failed to use reasonable care to prevent foreseeable harm to the victim

  • The injury, illness, or condition which led to the victim’s death must have been reasonably foreseeable

Can I Make A WV Wrongful Death Claim If I Am Not The Spouse, Parent, Or Child Of The Deceased?

In order to make a wrongful death claim in the State of West Virginia, you have to be:

1) The spouse, parent or child of the deceased;

2) The executor or administrator of the estate;

3) A survivor who was financially dependent upon the decedent;

4) A representative acting on behalf of one of these categories.

In West Virginia, you may also be eligible to obtain damages, if you are next of kin or a financial dependent on the decedent. If you are wanting to assess your rights as a potential claimant in a West Virginia fatality or death claim, contact one of our Morgantown, WV personal injury attorneys to discuss your rights in more detail.

What Additional Questions Can We Answer About Your WV Wrongful Death Claim To Help You?

If you have additional questions, in general, about a West Virginia death claim or wish to talk to us about the specifics of your claim and you are not already represented by an attorney, please call us today at (304) 381-2166 to start a conversation or complete our contact form (below) to initiate a conversation about your claim.

Additional Wrongful Death Resources