Fatal accidents around Morgantown happen in many ways, from highway crashes on Interstate 68 to falls, workplace incidents, and acts of violence. When another person’s carelessness or wrongdoing causes a death, West Virginia law allows the family to pursue compensation through a wrongful death claim.
This process differs from an ordinary injury case in who can file and what the family can recover. We know how disorienting this news can be. At Hansberry & Wagoner, PLLC, a Morgantown wrongful death lawyer can explain whether your family’s situation meets the legal definition of wrongful death.
We can also walk you through what your options look like from here. Reach out and tell us what happened so we can talk through what comes next.
Motor vehicle crashes remain one of West Virginia’s leading causes of accidental death. West Virginia recorded 256 traffic deaths in 2024, down slightly from 260 the year before, according to the West Virginia Governor’s Highway Safety Program.
Other common causes of wrongful death in and around Morgantown include slip-and-fall accidents, workplace incidents, medical errors, and acts of violence. If a specific person, company, or government agency caused your family member’s death, you may have grounds to bring a wrongful death claim.
Only the personal representative of the deceased’s estate may bring a wrongful death claim under W. Va. Code § 55-7-6. If your family member named a personal representative or executor in a will, that person acts as the plaintiff in the case.
If there is no will, the family can ask the court to appoint a personal representative, usually a surviving spouse, child, or parent. The personal representative pursues compensation on behalf of the surviving family and the estate’s beneficiaries.
In many ways, a wrongful death case follows the same basic steps as a standard personal injury case. Many wrongful deaths in West Virginia trace back to negligence, meaning someone failed to use the care a reasonable person would have used in the same situation. The family must show who caused the death, how they caused it, and the full scope of the resulting losses.
Unlike a standard injury case, a wrongful death claim seeks compensation for the surviving family rather than for the person who died. Under West Virginia’s wrongful death law, the family can ask for the income and support the victim would have provided. They can also seek the cost of the victim’s final medical care and funeral.
The family can also seek compensation for the sorrow and loss of companionship they have experienced. Accurately valuing these losses is one of the harder parts of building this kind of case.
West Virginia gives a family two years from the date of death, not the date of the underlying accident, to file a wrongful death lawsuit. This deadline comes from the same law that defines who may bring the claim, and it applies even when the injury that caused the death happened months or years earlier.
Missing this window almost always ends the family’s right to recover compensation, so it helps to speak with an attorney well before the deadline approaches.
Claims against a state agency require written notice before you file suit. Claims against a city or county have their own rules, too. That is one more reason early legal guidance matters in these cases.
Wrongful death lawsuits arising from accidents in and around Morgantown are typically filed in the Monongalia County Circuit Court, located at 75 High Street in downtown Morgantown.
West Virginia’s magistrate courts can hear only civil cases worth $20,000 or less. A wrongful death claim typically involves far more than that in lost income, medical bills, and other losses, so it goes to the circuit court instead.The circuit clerk’s office handles the filing and tracks the case through trial or settlement.
Knowing which court has authority over a case, and which local rules and deadlines apply, is one reason families turn to a local wrongful death lawyer rather than handling the claim alone.
When you hire a Morgantown wrongful death lawyer at Hansberry & Wagoner, PLLC, you work directly with the attorney handling your case. The firm gathers the records and testimony needed to show who caused the fatal incident. It explains how West Virginia’s wrongful death law applies to your family’s situation.
The firm also handles communication with the insurance company on your behalf.
The firm’s attorneys belong to the West Virginia Association for Justice and the American Association for Justice. Attorney Matthew B. Hansberry has practiced law in West Virginia since 2006. Attorney Edmund L. Wagoner spent years representing nursing home chains, hospital systems, and insurance carriers in West Virginia, Ohio, and Pennsylvania. He later shifted his practice to represent injured families.
That background gives the firm insight into how the opposing side evaluates a wrongful death claim.
Hansberry & Wagoner, PLLC has recovered settlements and judgments for families in wrongful death cases. Attorney Edmund L. Wagoner has handled each of the matters below.
| Case Type | Result |
|---|---|
| Pedestrian fatality / motor vehicle case | $2,000,000+ judgment |
| Motorcycle wrongful death case near MountainFest | $1,200,000+ settlement |
| Off-road accident at a summer camp involving multiple wrongful deaths | $1.8 million in wrongful death settlements |
| Multiple defective drug wrongful death cases | High six-figure settlements |
Every wrongful death case turns on its own facts, and what a family can recover depends on the losses the evidence supports. Prior results do not guarantee a similar outcome.
Proving fault means showing evidence that a specific person or company caused the death. What you need depends on how the death happened. A fatal car crash, for example, may call for cell phone records, vehicle data, police reports, and statements from witnesses who saw what happened.
Yes, these are two different processes. A criminal case, if one is filed, punishes the person accused of breaking the law. A wrongful death lawsuit is a separate civil case that seeks money for the family’s losses. It can move forward whether or not criminal charges are filed or result in a conviction.
West Virginia follows a modified comparative negligence rule. If the evidence shows the person who died shared some fault for the accident, the court assigns a percentage of fault to each side. As long as the victim’s share of fault is not greater than the combined fault of everyone else, the family can still recover, with the award reduced by the victim’s percentage of fault. If the victim’s fault is greater than the combined fault of the other parties, the family cannot recover damages.
No. Venue for a wrongful death lawsuit generally depends on where the fatal incident happened or where the defendant lives or does business, not where the surviving family lives. If the crash or incident that caused your family member’s death happened in Morgantown or elsewhere in Monongalia County, the case can typically be filed in the Monongalia County Circuit Court. That is true even if you live out of state.
Hansberry & Wagoner offers a free consultation to discuss a possible wrongful death claim. Your family can learn about your options and what a case might involve. You can do this before deciding how to move forward.
A wrongful death lawyer can gather the evidence needed to prove liability. A lawyer can also identify the full extent of the damages your family may be able to claim. From there, a lawyer can help move the case toward resolution. Families who have legal representation are generally better positioned to handle the evidence, deadlines, and insurance negotiations a wrongful death claim involves.
Losing a family member because of someone else’s carelessness or misconduct is not something any family should have to face alone. The attorneys at Hansberry & Wagoner, PLLC know how to gather the evidence, apply West Virginia’s wrongful death law, and stand with families from filing through resolution.
Contact us today for a free consultation about your family’s wrongful death claim.
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