Charles Town Wrongful Death Lawyers
The sudden loss of a loved one is heartbreaking under any circumstances, but when someone else’s negligence or wrongdoing causes that loss, it can feel unbearable. Amid the emotional grief, families are often left with financial burdens, unanswered questions, and a need for justice. This is why hiring experienced Charles Town wrongful death lawyers is so important.
At Skinner Accident & Injury Lawyers, our Charleston wrongful death lawyers help families throughout the Eastern Panhandle of West Virginia pursue accountability through wrongful death claims. With over 75 years of combined experience and more than $100 million recovered for clients, our wrongful death lawyers are committed to guiding you through every step of this difficult journey with compassion, clarity, and strength.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when someone’s life is cut short due to another person or company’s negligence or misconduct. These lawsuits are not about revenge; they are about holding the responsible party accountable and securing compensation for the family’s loss.
While the circumstances vary, the underlying principle remains the same: if the deceased could have filed a personal injury claim had they survived, their family may now pursue a wrongful death case.
Who Can File a Wrongful Death Lawsuit in West Virginia?
In West Virginia, the wrongful death lawsuit must be filed by the personal representative (also called the executor) of the deceased person’s estate. This is usually a family member, but may also be someone named in the will or appointed by the court.
While the representative files the lawsuit, any damages awarded are distributed to eligible surviving family members. These may include:
- A surviving spouse
- Children (biological, adopted, or stepchildren)
- Parents of the deceased
- Siblings and other dependent relatives
The distribution of any settlement or award is determined either by the court or through the terms of the estate, depending on the family structure and surviving heirs.
Causes of Fatal Accidents in Charles Town and Jefferson County
Jefferson County may be a quiet, historic community, but serious and fatal accidents still occur. From rural roadways to job sites, our region faces risks that can quickly turn tragic. Our Charles Town, WV wrongful death attorneys investigate every case thoroughly to determine what went wrong and who is responsible.
Traffic Accidents
Roadways like U.S. Route 340 and WV-9 are well-traveled by commuters, commercial vehicles, and out-of-town visitors, but they also see a disproportionate number of fatal crashes. Speeding, distracted driving (such as texting or GPS use), and intoxicated driving are among the top contributors to these tragedies. Whether it’s a collision with a big rig, a T-bone crash at a rural intersection, or a pedestrian struck in a crosswalk, these accidents often lead to catastrophic injuries that prove fatal. In many cases, a moment of negligence results in a lifetime of loss for the family left behind.
Workplace Injuries
Charles Town and the surrounding areas are home to various industries, including construction, agriculture, manufacturing, and logistics, that come with their own dangers. Fatal workplace injuries can stem from falls, machinery malfunctions, electrocution, exposure to toxic chemicals, or being struck by heavy equipment. Often, these accidents are preventable and occur because an employer fails to follow safety protocols or properly train their workers. While workers’ compensation may apply, some cases involve third-party liability, such as negligent contractors or equipment manufacturers, allowing additional wrongful death claims.
Defective Products
When we buy vehicles, household appliances, tools, or medications, we trust they’ve been designed and manufactured safely. Unfortunately, that’s not always the case. Defective products, from malfunctioning car parts to dangerous prescription drugs, can cause injuries that result in death. These cases may involve product recalls, flawed warning labels, or poor safety testing. Our wrongful death lawyers can investigate whether the manufacturer, distributor, or retailer failed to meet their obligations under product liability laws and pursue justice through a wrongful death claim.
Premises Liability
Fatal injuries can occur on private, public, or commercial property due to unsafe conditions that should have been corrected. For example, a slip and fall on an icy sidewalk, a drowning in a poorly secured pool, or an electrocution from exposed wiring might all constitute wrongful death if negligence is involved. Property owners in West Virginia have a legal duty to keep their premises reasonably safe, and when they don’t, they can be held accountable. These cases are fact-intensive and often require expert testimony to prove fault.
Damages in a Virginia Wrongful Death Claim
Wrongful death lawsuits are not only about financial recovery; they’re also about validation, closure, and holding wrongdoers accountable. In West Virginia, the law allows surviving family members to pursue compensation for the wide-reaching impacts of their loss, both economic and emotional.
Medical Expenses
In many wrongful death cases, victims don’t pass away immediately; they may receive emergency room treatment, surgery, or hospice care before succumbing to their injuries. The resulting medical bills can be overwhelming and are often passed on to surviving family members. A wrongful death claim allows families to recover these costs, including ambulance services, hospital stays, medications, and end-of-life care.
Funeral and Burial Costs
Planning a funeral is emotionally taxing and financially burdensome. Funeral home services, caskets, cremation, burial plots, and memorial events can cost thousands of dollars. West Virginia law permits families to recover these reasonable expenses as part of their wrongful death lawsuit so that they are not left bearing these costs alone.
Lost Income and Future Support
Perhaps the most significant financial blow is the sudden loss of income the deceased would have contributed to their family. This includes not only wages but also potential bonuses, retirement contributions, and employment benefits. Our legal team works with economists to project what your loved one would likely have earned had their life not been cut short, providing critical support for your family’s financial future.
Loss of Companionship and Guidance
The value of human connection, emotional support, companionship, parenting, and marital love cannot be measured in dollars. Yet the law does recognize that these relationships have deep, lasting value. Surviving spouses, children, and parents may claim damages for the unique bond they shared with the deceased, including the loss of guidance, nurturing, and emotional presence.
Pain and Suffering for Survivors
The grief that follows an unexpected death is often debilitating. It can impact every area of life, from mental health to relationships to physical well-being. West Virginia law allows surviving family members to pursue damages for their mental anguish, depression, anxiety, and loss of enjoyment of life. These emotional damages are often among the most meaningful aspects of a wrongful death claim.
Loss of Household Services
Even if your loved one did not have earnings, their contributions to your home and family were likely significant. Household services may include child-rearing, cooking, transportation, and property upkeep, just to name a few. Our Charles Town wrongful death attorneys account for the value of these services to ensure your family’s daily needs are recognized and compensated.
Punitive Damages
In cases involving extreme negligence or deliberate wrongdoing, such as a drunk driver with multiple prior offenses or a company that ignored safety warnings, punitive damages may be awarded. These are not just meant to compensate; they are designed to punish the wrongdoer and send a clear message that such behavior will not be tolerated in our community.
Understanding the Statute of Limitations in West Virginia
West Virginia law gives families two years from the date of death to file a wrongful death lawsuit. This deadline is known as the statute of limitations, and missing it can permanently bar you from seeking justice, regardless of the strength of your case.
There are a few limited exceptions:
- Minors: If the primary beneficiary is a child, the court may allow extended time to bring the claim.
- Government Defendants: Claims involving public employees or agencies may have shorter notice deadlines.
- Delayed Discovery: In rare cases, the timeline begins when the cause of death is identified (such as in cases involving chemical exposure).
The safest course of action is to speak with our Charles Town wrongful death lawyers as soon as possible. The earlier we can begin investigating, the more likely we are to preserve critical evidence and protect your family’s rights.
Why Wrongful Death Cases Are So Complicated
These cases often involve legal, medical, and financial issues all at once. Unlike a standard injury case, wrongful death claims require a deeper investigation into:
- Multiple Responsible Parties: In a fatal truck crash, for example, the driver, their employer, a cargo loader, or even a manufacturer may all share liability.
- Complicated Evidence: We may need expert testimony, black box data, accident reconstructions, medical reports, or corporate safety records.
- Insurance Pushback: Because these cases involve high-dollar claims, insurers often push back hard. They may try to shift blame, delay payment, or offer an unfair settlement.
Our wrongful death attorneys prepare every case as if it’s going to trial. Our thorough preparation often leads to more substantial settlements, but we never hesitate to litigate when justice demands it.
Why Choose Skinner Accident & Injury Lawyers?
We know you have choices when it comes to legal representation after the loss of a loved one. But not all law firms bring the same level of dedication, compassion, and proven results. At Skinner Accident & Injury Lawyers, we offer more than just legal support; we provide a trusted partnership during one of the most challenging times in your life. Here’s what truly sets us apart:
Over 75 Years of Combined Experience
With more than seven decades of combined experience, our Charles Town wrongful death lawyers have handled nearly every type of fatal accident, from highway crashes to worksite tragedies to product-related deaths. We understand the nuances of West Virginia wrongful death law, how to value every element of your claim, and how to prepare your case for settlement or trial.
A Record of Results
Over the years, we’ve recovered more than $100 million for grieving families across West Virginia and Virginia. While no amount of money can bring back a loved one, a fair and full recovery can provide the financial security and closure families need to rebuild their lives. Our results reflect not only our legal skill but also our determination to pursue justice in every case. Sometimes that means negotiating with insurance companies, and other times that means standing up in court.
Local Roots, Big Firm Experience
Our wrongful death attorneys bring a powerful combination of national experience and hometown commitment. Stephen Skinner represented victims of the 9/11 terrorist attacks while practicing law in New York City, where he handled high-stakes litigation involving mass injury and governmental negligence. Andrew Skinner, a U.S. Army veteran and former tank commander, worked on product liability cases for a national firm before returning home to serve the people of West Virginia. Today, they bring that same level of strategic thinking and courtroom strength to families in Jefferson County and the Shenandoah Valley.
We Treat You Like Family
Losing a family member to someone else’s negligence is profoundly personal, and we treat your case accordingly. We intentionally keep our caseload small so we can give your case the care, time, and attention it deserves. You’ll work directly with your wrongful death attorney, not a case manager or legal assistant, and we’ll keep you informed every step of the way. If your grief makes it difficult to travel, we’ll meet you at home, at your workplace, or even at your kitchen table. That’s what we mean when we say: We treat you like family.
Serving the Shenandoah Valley and Beyond
Our wrongful death attorneys routinely handle cases outside Charles Town in places like Ranson, Harpers Ferry, and the greater Jefferson County area. We know these roads, these courtrooms, and these communities. Whether you’re in the Eastern Panhandle or the heart of the Shenandoah Valley, Skinner Accident & Injury Lawyers is ready to stand by your side.
Talk to Our Charles Town Wrongful Death Lawyers Today
Nothing can bring back the person you lost, but a wrongful death claim can provide the financial support and sense of accountability your family deserves. Let us carry the legal burden while you focus on healing. Call Skinner Accident & Injury Lawyers today at (304) 777-7777 or visit us online to schedule your free consultation with our wrongful death attorneys in Charles Town, WV.