Morgantown Wrongful Death Lawyers

It’s possible for fatal accidents to happen in various ways in the Morgantown area, from vehicle crashes on I-68 to slip-and-fall accidents or even acts of violence. If you have lost a loved one due to another party’s actions, you may be eligible to file a wrongful death claim against whoever caused the fatal incident in question. An experienced Morgantown wrongful death lawyer is an invaluable asset in this difficult situation.  

Compassionate Legal Counsel for Wrongful Death Claims in Morgantown, WV 

The attorneys at Hansberry & Wagoner, PLLC, have years of experience guiding clients through wrongful death claims and many other types of personal injury cases in Morgantown. When you choose our firm for legal representation, you will work directly with your attorney; your case will not be passed to a legal assistant. You can expect responsive communication and a clear focus on your individual needs and concerns as this difficult case unfolds.  

Motor vehicle crashes are a leading cause of accidental deaths in West Virginia each year. The Centers for Disease Control and Prevention (CDC) reported 2,175 deaths from vehicle crashes in 2023. Other common causes of wrongful deaths include slip-and-fall accidents, acts of violence, and workplace accidents. If you believe a specific party’s actions caused a family member’s death, you likely have grounds to file a wrongful death claim.  

Our firm will gather any evidence necessary to establish liability for the fatal incident. We will also address West Virginia’s wrongful death laws and explain the steps you must complete to file your case successfully. When a case requires interacting with insurance companies, you can expect us to fight on your behalf for a fair settlement, and we can confidently guide you through complex personal injury proceedings in Morgantown.  

Building Your Wrongful Death Claim in Morgantown  

In West Virginia, only the personal representative of the deceased’s estate may bring a wrongful death claim. If the victim named a personal representative or executor in their will, this individual acts as the plaintiff in the wrongful death case. If the deceased did not name a personal representative, the victim’s closest surviving family may petition the court to name a personal representative. This will usually be the victim’s surviving spouse, child, or parent.  

The plaintiff in the wrongful death case seeks compensation on behalf of the surviving family and the estate’s beneficiaries. In many ways, a wrongful death case will follow the same procedural rules as a standard personal injury case. Most wrongful deaths reported throughout West Virginia each year are the result of negligence. This term can refer to any failure to meet a duty of care or a failure to act with reasonable care in a specific situation.   

The plaintiff must identify the defendant responsible for causing the fatal injury in question, prove how they caused it, and then show the full scope of resulting economic and non-economic damages. The plaintiff has the right to claim compensation for the full extent of damages the family has suffered from the loss of the victim. Accurately calculating these damages will require a skilled attorney’s help. 

Unlike a standard personal injury case, however, a wrongful death case seeks compensation for the victim’s family, not the victim themselves. It’s possible for the family to claim compensation for lost future financial support the victim can no longer provide, damages to their estate, and compensation for the pain and suffering the family has experienced because of the death.  

Ultimately, losing a loved one unexpectedly is never easy, but it is incredibly frustrating to know their death was the result of another party’s negligence or misconduct. You need to hire a wrongful death lawyer in this situation to maximize your chances of success with your case. Reach out to Hansberry & Wagoner, PLLC at your first opportunity to learn more about our legal services for wrongful death claims in Morgantown.  

FAQs 

Q: How Do You Prove Fault in a Wrongful Death Case?  

A: Proving fault in a wrongful death case requires evidence that shows the defendant is directly responsible for causing the death in question. The evidence you need to prove this will depend on the nature of the fatal incident in question. For example, proving fault for a fatal car crash may require cell phone records, vehicle computer data, police reports, and eyewitness testimony.  

Q: What Are the Penalties for Causing a Wrongful Death in Morgantown?  

A: The penalties for causing a wrongful death in Morgantown can include more than just liability for civil damages from the family’s wrongful death case. If the defendant broke the law in causing the fatal incident in question, or if their behavior exceeded the scope of typical negligence, they can face not only criminal prosecution but also increased penalties due to the fatal results of their actions.  

Q: What Does Comparative Negligence Mean for a Wrongful Death Case?  

A: For a wrongful death case, comparative negligence could mean a diminished recovery for the victim’s family. If the facts of the case show that the victim contributed to causing the fatal incident in question, they will be assigned a percentage of fault. If they were less at fault than the defendant, this percentage is deducted from the final settlement or case award, and the family receives the remainder. If the victim was more at fault, the family cannot claim damages.  

Q: Why Should I Hire a Wrongful Death Lawyer in Morgantown?  

A: You should hire a wrongful death lawyer in Morgantown to have a better chance of success with this case. Your attorney can gather evidence needed to prove liability, uncover the full extent of the damages you are eligible to claim, and help you resolve your case as efficiently as possible. You are significantly more likely to succeed with a wrongful death claim when you have an attorney representing you.  

The team at Hansberry & Wagoner, PLLC, has more than 30 combined years of experience representing clients in Morgantown and surrounding West Virginia communities in a wide range of personal injury cases. We know how tragic it is to lose a family member unexpectedly, and we’re confident we can guide you to a positive conclusion to your case. Contact us today to schedule an initial consultation with an experienced Morgantown wrongful death lawyer.