West Virginia Wrongful Death Lawyers

West Virginia Wrongful Death Lawyers

A wrongful death is when someone is killed through the fault of someone else. The cause of someone’s death can be anything from an intentional act to a car crash. After the loss of a loved one, it’s essential that you speak with our experienced West Virginia wrongful death lawyers about what happened and if you can file a legal claim.

The attorneys at Skinner Accident & Injury Lawyers are here to provide support in a difficult time and guidance throughout a sometimes long and often a complicated legal process. With more than six decades of combined experience practicing law, we are prepared to help.

For a free consultation with our fatal accident lawyers, contact our wrongful death attorneys in West Virginia.

Who Can File a Wrongful Death Claim in West Virginia?

West Virginia has a fairly progressive wrongful death law which allows the survivors and dependents—usually the family—to bring a lawsuit against the wrongdoer.

The person who brings the suit is the official representative of the estate. In West Virginia, the official representative would be the Administrator or Executor.

How Long Do I Have to File a Wrongful Death Claim in West Virginia?

Per West Virginia Code §55-7-6, wrongful death actions must be brought within two years of the date of a person’s death. Once that two-year statute of limitations has passed, people in West Virginia can no longer seek a legal claim for the fatal incident.

There are some exceptions to the two-year statute of limitations noted above. That’s why the most important task for those who have lost a loved one is to talk to a lawyer as quickly as possible.

There are many issues that should be examined prior to filing the lawsuit, so speaking with a wrongful death attorney ASAP is best as it gets the legal process in motion without errors or delays.

Why Choose Our Law Firm for Your Wrongful Death Case

Skinner Accident & Injury Lawyers has a strong reputation in West Virginia. Our law offices in Charles Town and Martinsburg, WV have provided much-needed counsel for families in Jefferson County, Berkeley County, and other neighboring communities. We’re ready to advocate for you and make sure your voice is heard.

More Than 60 Years of Combined Experience

Our team of attorneys have more than 60 years of combined legal experience. We can pool our knowledge to come up with the best possible solution for our clients’ wrongful death and fatal accident cases.

Over $100 Million Secured for Our Clients

Over the years, our lawyers have won more than $100 million for our clients. Feel free to browse our verdicts and settlements to learn what we can do for you after you’ve lost a loved one because of someone’s negligence or wrongful actions.

Free Case Reviews

Your consultation with us is free of charge. You have numerous bills and other out-of-pocket expenses to worry about after losing a loved one. You don’t have to pay anything just to speak with experienced wrongful death lawyers here in West Virginia.

We Can Accommodate Your Schedule

If you are unable to come to our law office in Winchester, we can arrange a chance to meet at a location that’s more convenient for you. We’ll make sure you can be heard and get the answers you need.

Request a Free Case Evaluation with Our Wrongful Death Lawyers in West Virginia

We know your pain must be immense. When you are able, Skinner Accident & Injury Lawyers is ready to help. To request a free consultation with trusted attorneys near you, contact our wrongful death lawyers in West Virginia.

Fatal Auto Accident Lawsuits

Skinner Accident & Injury Lawyers has represented numerous clients in fatal motor vehicle accident claims. We can make sure that negligent drivers face consequences for their recklessness or negligence behind the wheel.

Fatal Accidents with Commuter Vehicles

According to numbers from the Insurance Institute for Highway Safety (IIHS), 170 West Virginians were killed while driving commuter vehicles in 2022. These accidents happened throughout the state, in cities and on interstates as well as in small towns and on rural highways. If you’ve lost a loved one in a car, pickup truck, or SUV crash, our wrongful attorneys will let you know if you have a case worth pursuing.

Fatal Accidents with a Semi-Truck

Large trucks are essential for interstate commerce and keeping our store shelves fully stocked. Yet when these vehicles are involved in collisions, they can cause serious injuries and even death. In some cases, semi-truck crashes can take up entire roadways, leading to multi-car pileups. Our wrongful death lawyers can help hold negligent truck drivers or trucking companies accountable after major tractor-trailer and 18-wheeler collisions.

Fatal Accidents with a Motorcycle

Riding a motorcycle is thrilling, but you need to exercise caution every time you get on a motorbike. Even with a helmet and proper gear, you can still suffer catastrophic and fatal injuries. The IIHS found that 42 motorcyclists died in West Virginia in 2022. Our lawyers can help families seek compensation as they deal with the loss of a loved one in a fatal motorcycle accident.

Fatal Accidents with a Drunk Driver

There is never a reason to drink and drive, yet many West Virginians make a terrible decision. Choices like these can cost people their lives. The IIHS recorded 140 fatalities in the state in 2022 related to drunk and intoxicated driving. Our law firm is ready to take on serious DUI accident cases. We’ll make sure that irresponsible drivers are held accountable for taking lives and endangering countless others on the road.

Other Kinds of Fatal Motor Vehicle Accidents

In addition to the above accidents, the team at Skinner Accident & Injury Lawyers can also assist bereaved families in these kinds of motor vehicle collision cases:

Discuss a Fatal Crash with Our West Virginia Wrongful Death Lawyers

While our offices are based in Jefferson County and Berkeley County, our attorneys proudly serve families throughout the Mountain State. To request a free consultation with trusted attorneys near you, contact our wrongful death attorneys in West Virginia

Fatal Injuries in Other Kinds of Accidents

Skinner Accident & Injury Lawyers can address other kinds of fatal accidents beyond motor vehicle crashes. Catastrophic injuries that prove fatal can occur in all kinds of situations.

Fatal Bicycle Accidents

Riding a bike around certain parts of West Virginia can be risky. Not only do bicyclists risk getting doored, there’s a major risk of getting sideswiped or run off the road. Serious bike accidents can cause debilitating injuries that sometimes prove fatal. Our lawyers can offer support to surviving loved ones filing a wrongful death claim after a fatal bike accident.

Fatal Pedestrian Accidents

Pedestrians are extremely vulnerable to injury and need to be especially careful while walking at night or in any dim or low-light conditions. Even if someone is following traffic laws and crossing at crosswalks, there is a risk of serious injuries to pedestrians due to inattentive or reckless drivers. Our attorneys can help families who lose a loved one in a fatal pedestrian accident.

Fatal Dog and Animal Attacks

Most dog attacks and maulings result in minor to severe injuries. In very rare instances, a dog attack may prove fatal. This is a major risk when it comes to larger dogs as well as victims who are very young. When fatal dog attacks happen, our wrongful death lawyers will help make sure the owner(s) of the dangerous animal are held liable for negligence.

Fatal Slips, Trips, and Falls

Many slip, trip, and fall accidents result in some bumps or bruises. Fatal accidents of this kind tend to involve falls from great heights, tumbles down the stairs, or other incidents that cause the victim to suffer severe physical trauma. Our attorneys can examine what happened and make sure the property owners are held responsible.

Deaths Due to Defective Products

We expect any consumer goods on the market to be safe for use. Sadly that is not always the case. Sometimes serious harm from defective products leads to catastrophic or even fatal injuries. Whether you lost a loved one in a vehicle crash or because of a medical complication from a device or drug, our attorneys can help.

Fatal On-the-Job Accidents at the Workplace

In certain industries, workplace accidents and on-the-job injuries could prove fatal. Workers’ compensation benefits are one way to address the loss of a loved one. In some cases, family members may be able to file a third-party wrongful death claim as well. Our lawyers can go over what happened and what options are available for restitution.

Discuss Your Case with Our Wrongful Death Attorneys in West Virginia

Whatever accident claimed your loved one’s life, you can count on our law firm to offer help. If you live in Jefferson County or Berkeley County and need to speak with an experienced wrongful death attorney near you, contact Skinner Accident & Injury Lawyers.

Can I File a Wrongful Death Claim in West Virginia If My Loved One Was Partly at Fault?

Yes.

Per West Virginia Code §55-7-13a, West Virginia is a modified comparative fault state. That means you can file a wrongful death claim as long as your loved one was 50% or less at fault for the fatal incident.

The percentage of your loved one’s fault is deducted from the total amount of damages due.

Compensation in a Wrongful Death Lawsuit

When filing a wrongful death lawsuit, our West Virginia attorneys will help you seek compensation to address the following losses you’ve experienced.

Medical Treatment and Care Prior to Death

In a serious accident, your loved one may have needed varying degrees of emergency care before they passed away. Our attorneys can help identify all of these medical expenses and seek compensation to have these bills covered.

Funeral Expenses

The wrongful death attorneys at Skinner Accident & Injury Lawyers will help families receive compensation for funeral and memorial services to honor their deceased loved one.

Loss of Your Loved One’s Future Income

It does not matter if your loved one was the primary breadwinner or part of a two-income household. Our wrongful death lawyers will help estimate the amount of income your loved one could have earned if they did not lose their life.

Loss of Services, Protection, and Assistance in the Household

The absence of someone important in your life affects all aspects of the household. Our attorneys can ensure the loss of help around the home and other matters related to the wrongful death are considered when seeking compensation.

Grief Counseling and Your Pain and Suffering

The emotional toll of a death in the family cannot be understated. Our attorneys can add up the cost of therapy, help from mental health specialists, and the pain and suffering caused by a loved one’s wrongful death.

How Is Compensation Divided Among Family Members and Beneficiaries

One of the important considerations for a family is how the award or settlement is divided. If the case goes to trial, a jury decides the percentages that family members will receive. However, if the case is settled, it is important for family members to try to agree on the division. Otherwise, there will be a mini-trial before a judge decides how to split the proceeds.

West Virginia Code §55-7-6 covers how damages are assessed and distributed. The people who are entitled to share the award include:

  • The surviving spouse
  • The surviving children (including adopted children and stepchildren)
  • The surviving siblings
  • The surviving parents
  • Any persons who were financially dependent on the decedent

Addressing the Needs of Different Families Throughout West Virginia

The above laws mean that unmarried couples still have rights if someone dies in a tragic accident. It also means that parents are not necessarily treated equally if one of them had no relationship with a child that died.

During your consultation with our team, we can go over these compensation issues in greater detail and offer straightforward answers about your situation.

Contact Our West Virginia Wrongful Death Attorneys

After losing a spouse or family member, the team at Skinner Accident & Injury Lawyers can provide support and sound legal counsel. If you lost a loved one and need legal representation in Charles Town, Martinsburg, or another nearby community, contact our wrongful death attorneys in West Virginia.