Losing a loved one is never easy, but it can be even more difficult to cope with when their death was caused by someone else’s negligent or wrongful actions. Wrongful death claims can be overwhelming to handle on your own, as they often require proving negligence, building a strong case, and holding the responsible parties accountable for the loss suffered by your family. Wrongful death cases in West Virginia can be complex, which is why working with an experienced wrongful death attorney and personal injury lawyer can make a significant difference in pursuing the justice and compensation your family deserves.
Having a reliable West Virginia wrongful death attorney by your side can make all the difference when you are pursuing a wrongful death case against an individual or business entity that’s responsible for your loss. Navigating the West Virginia wrongful death laws can be difficult to do on your own, but when you hire a wrongful death lawyer, you’ll have a better chance at success. Our firm has more than 30 years of litigation experience handling cases just like yours. We can help.
Understanding Wrongful Death Claims in West Virginia
West Virginia’s wrongful death statutes require the plaintiff to meet a number of specific requirements in order to bring such a case to fruition. A wrongful death case must contain the following elements:
- The death of a human being
- Evidence that the death was caused by someone else’s negligent actions
- The survival of family members who were dependent on that loved one’s income and will suffer monetarily because of their death
- A personal representative who is appointed to the deceased’s estate
West Virginia does not allow individuals to file a wrongful death claim directly. The claim can only be brought to the court by a representative of the estate. If the deceased had a will, the representative, also called the executor, should be named in the will. If there is no will or the named individual refuses to serve, the court can appoint a representative to file the claim on behalf of the estate.
Wrongful death claims are generally brought by the deceased’s surviving spouse, children, and parents. The damages awarded to the family in a wrongful death case actually belong to the deceased’s estate and can be distributed to different parties in accordance with the deceased’s will.
Wrongful deaths can happen in many different situations, including workplace accidents. In 2024, there were 40 fatal work injuries in West Virginia, and some resulted in wrongful death claims. In West Virginia, wrongful death claims are brought in the circuit court. The action is filed as a civil matter in the circuit court of the proper county, often where the death occurred or where the defendant resides.
It may be helpful to think of a wrongful death claim as filing a personal injury claim on behalf of your deceased loved one, as that’s what they likely would’ve done had they survived their injuries. It’s vital that you make sure your wrongful death claim adheres to the state’s statute of limitations on personal injury claims, which includes wrongful death claims. You are given two years from the incident to build your case and file a claim for damages. A good lawyer can help.
What Can You Recover?
Compensatory damages in a wrongful death case in West Virginia are separated into multiple categories. Not every case involves each of these categories. What you can recover depends on the details of the case and the factors surrounding your loved one’s death. Here are some examples of what you can recover in a wrongful death case:
- Medical expenses. If your loved one did not die right away and spent time in a hospital prior to their death, you can seek damages for any medical expenses that they incurred. This includes compensation for any hospital stays, medical treatments, surgeries, medication costs, and even burial services.
- Financial support. There’s a chance that your family may be in a worse place financially since losing your loved one’s financial support. You can seek compensation for lost wages, as well as the monetary value of any services that the deceased would’ve provided. This includes household maintenance and childcare.
- Non-economic losses. The overall cost of losing a loved one can be far more significant than the loss of income. It can be hard to put a monetary value on pain and suffering, grief, mental anguish, and the loss of comfort and companionship, but you can definitely try.
FAQs About Wrongful Death Claims
What Are the Damages for Wrongful Death in West Virginia?
The damages for a wrongful death case in West Virginia can take the form of economic and non-economic losses. Economic losses include lost wages, a loss of ongoing income, medical expenses, funeral costs, and other tangible financial losses. Non-economic losses include emotional distress, pain and suffering, and loss of companionship. If the court deems the negligent party’s actions as cruel, you may also be awarded punitive damages.
What Is a Fair Settlement for a Wrongful Death Case?
A fair settlement in a wrongful death case is any amount that you feel accurately reflects the trauma that has been done to you and your family. It can be hard to consider any amount as acceptable, considering your loss. If your case is settled through negotiations instead of litigation, your lawyer can provide a counteroffer if you decide the other party’s first offer is insulting or unacceptable.
What Four Things Must Be Proven in a Wrongful Death Case?
In order to successfully argue a wrongful death case, you need to be able to prove that negligence was a contributing factor to your loved one’s death. That means you have to prove the four elements of negligence:
- The negligent party owed the victim a duty of care.
- They breached that duty of care through negligent actions.
- That breach was the direct cause of your loved one’s death.
- You are owed damages.
Should I Hire a Wrongful Death Lawyer?
Yes, you should hire a wrongful death lawyer. These cases can be unpredictable, and you never know how hard the responsible party may push back in order to avoid public accountability. By hiring a wrongful death lawyer, you’re putting your case in the hands of someone who knows what they’re doing and cares about the outcome.
Hire an Experienced West Virginia Wrongful Death Lawyer
At Hansberry & Wagoner, PLLC, we can provide you with the resources you need to see your wrongful death case through and seek accountability. Contact us to speak with a member of our team about your options.
