Wrongful Death Lawyers Near Me
When a loved one dies suddenly due to someone else’s negligence, the shock is devastating, and the ripple effects can overwhelm every part of your life. Bills pile up. Questions remain unanswered. Worst of all, there’s a hole left in your family that can never truly be filled.
At Skinner Accident & Injury Lawyers, we understand how difficult this time can be. If you’re searching for a wrongful death lawyers near me law firm in Charles Town, WV, we’re here to help you get the answers, accountability, and compensation your family deserves. You don’t have to go through this alone.
Our Jefferson County wrongful death attorneys bring decades of experience and deep ties to the community to every case we handle. You’ve lost someone you love. Let us take care of the legal burden so you can focus on healing.
Why Choose Skinner Accident & Injury Lawyers?
When you work with Skinner Accident & Injury Lawyers, you’re not just hiring a legal team; you’re partnering with a family-run firm that treats you like one of our own. Our firm has recovered more than $100 million for people in Charles Town, Jefferson County, and across West Virginia. We know this region, its courts, and the challenges local families face after a sudden loss.
Our attorneys, Stephen Skinner and Andrew Skinner, bring more than 75 years of combined experience to the table. Stephen has represented families affected by catastrophic injury and worked on behalf of 9/11 victims. Andrew is a U.S. Army veteran who has handled product liability and wrongful death cases for major law firms. Together, they bring big-city legal experience to people right here in West Virginia. Families turn to us in their darkest hours.
What Is a Wrongful Death Claim in West Virginia?
A wrongful death occurs when a person dies due to someone else’s careless, reckless, or intentional actions. Under West Virginia law, surviving family members or representatives of the deceased’s estate can file a civil lawsuit to seek compensation for their loss.
Wrongful death lawsuits are separate from criminal charges. Even if the person responsible is never arrested or prosecuted, you can still bring a civil claim to hold them financially accountable.
Common causes of wrongful death in our region include:
- Fatal car or truck accidents on US Route 340 or WV-9
- Medical negligence in hospitals or nursing homes
- Dangerous products or medications
- Work-related accidents
- Fatal falls or unsafe property conditions
If your loved one’s death could have been prevented, you may have legal grounds to take action. Our Charles Town wrongful death lawyers near you can help.
Who Can File a Wrongful Death Lawsuit in West Virginia?
In West Virginia, only the personal representative (also called the executor or administrator) of the deceased person’s estate can file a wrongful death claim. However, the lawsuit is filed on behalf of the surviving family members who are entitled to receive compensation.
These beneficiaries may include:
- A surviving spouse
- Children (including adopted children and stepchildren)
- Parents or siblings
- Other financially dependent relatives or beneficiaries
West Virginia courts distribute wrongful death damages based on what’s “fair and equitable,” taking into account the nature of the relationship and financial dependence. If your family is unsure who qualifies or who should act as the estate representative, our wrongful death lawyers near you can help guide you through this process.
Wrongful Death vs. Survival Actions
When a person dies due to someone else’s negligence or wrongful conduct, their surviving loved ones may have two separate legal avenues to pursue compensation in West Virginia: a wrongful death claim and a survival action. While these claims are often filed together, they serve different purposes and compensate for different types of losses.
What’s the Difference?
A wrongful death claim is focused on the loss suffered by the surviving family. It seeks to compensate for:
- Lost companionship and emotional support
- Grief and mental anguish
- Loss of financial support and future income
- Funeral and burial expenses
- The loss of guidance, protection, or care that the deceased provided
By contrast, a survival action addresses the harm suffered by the deceased person between the time of the injury and the time of death. It allows the estate to recover damages the deceased could have pursued had they survived, including:
- Physical pain and emotional suffering prior to death
- Lost earnings from the time of injury until death
- Medical expenses incurred during treatment
- Property damage or other losses caused by the incident
A Real-World Example
Imagine a person is severely injured in a truck crash on U.S. Route 340 and is hospitalized for three weeks before passing away. During those three weeks, they endure painful treatments, lose wages from work, and their family incurs significant medical bills. These damages, everything that happened before death, may be recoverable through a survival action.
After death, the family also experiences enormous loss: the emotional trauma of losing a loved one, the financial strain from losing their primary earner, and the profound emptiness that no amount of money can fix. These are the types of losses covered in a wrongful death claim.
Who Receives the Compensation?
The compensation from a wrongful death claim is distributed to surviving family members, such as a spouse, children, or financially dependent parents, as determined by the court based on what is fair.
In contrast, the compensation from a survival action goes to the estate of the deceased. These funds may be distributed according to the terms of a will or, if no will exists, according to West Virginia’s intestacy laws.
Why Both Claims May Matter
Pursuing both a wrongful death claim and a survival action allows families to recover the full extent of damages caused by the defendant’s negligence. Together, these claims provide a more complete path to justice, accounting not only for the family’s grief and financial loss but also for what the victim endured in their final days or weeks.
At Skinner Accident & Injury Lawyers, our Charles Town wrongful death lawyers will evaluate every aspect of your loved one’s case and help determine whether a survival action should be filed alongside your wrongful death lawsuit. Our goal is to ensure that no harm goes unanswered and that your family’s future is protected.
What Compensation Can You Recover in a Wrongful Death Claim?
Every wrongful death case is different, but compensation may include both economic and non-economic damages.
Economic Damages
- Medical bills from the final illness or injury
- Funeral and burial expenses
- Loss of household income and future earnings
- Loss of services (childcare, caregiving, etc.)
Non-Economic Damages
- Pain and suffering
- Emotional anguish
- Loss of companionship and consortium
- Loss of guidance for children
- Mental trauma of surviving loved ones
In rare but egregious cases, punitive damages may also be available to punish the wrongdoer and deter similar behavior. Our team of local wrongful death attorneys works closely with medical experts, forensic economists, and vocational specialists to fully value your claim. You only get one chance to pursue justice, so it’s critical to get it right.
Criminal Charges vs. Wrongful Death Lawsuit
It’s common for families to ask whether they can still file a wrongful death lawsuit if the person responsible wasn’t arrested, or what happens if criminal charges were filed. Understanding the difference between a criminal case and a civil wrongful death claim can help you move forward with clarity and confidence.
- A criminal case is brought by the government to punish a wrongdoer for violating the law.
- A wrongful death lawsuit, on the other hand, is a civil action brought by the deceased person’s estate. The goal is to hold the at-fault party financially accountable for the harm caused and to help the surviving family recover damages like funeral costs, loss of income, emotional distress, and more.
You Can File a Civil Claim Even Without Criminal Charges
You don’t have to wait for a criminal case or for the government to take action to file a wrongful death lawsuit. In fact, many wrongful death cases proceed even when no arrest was made. That’s because the burden of proof is different.
- In a criminal case, the state must prove guilt beyond a reasonable doubt.
- In a civil wrongful death claim, you only need to prove that it’s more likely than not that the defendant was responsible.
This lower burden of proof allows families to pursue justice even when the criminal system falls short.
At Skinner Accident & Injury Lawyers, we believe every family deserves the opportunity to seek accountability. Whether or not criminal charges were filed, we’ll help you understand your rights and explore all legal options to hold the responsible party accountable. Justice comes in many forms, and we’re here to help you find yours.
The Legal Process for a Wrongful Death Case
Filing a wrongful death lawsuit can feel overwhelming, but we walk beside you every step of the way. Here’s what you can expect.
Step 1: Investigation
We’ll begin by investigating what happened, collecting records, photos, police reports, witness statements, and expert opinions. If needed, we’ll preserve black box data from trucks or security footage from businesses.
Step 2: Identifying the Responsible Party
Whether it’s a reckless driver, a negligent doctor, or an unsafe employer, we’ll determine who is legally at fault and how to prove it.
Step 3: Filing the Lawsuit
We’ll prepare a detailed complaint and submit it through the Jefferson County court system or federal court, if applicable.
Step 4: Settlement or Trial
Many cases settle outside of court. But we prepare every case like it’s going to trial. That’s how we secure maximum compensation.
Step 5: Distributing the Compensation
Once a settlement or judgment is secured, the court ensures that the damages are fairly distributed among the eligible family members.
Why Hire a Wrongful Death Lawyer Near You?
If you’re searching for a local wrongful death attorney in Charles Town, WV, you’re not alone. Your choice of wrongful death lawyer will make a difference in your case and compensation.
Local Knowledge Matters
Every county has its own court rules, judges, jury tendencies, and legal culture. A local attorney knows how Jefferson County courts handle wrongful death litigation and what strategies work best.
In-Person Accessibility
When you’re grieving, you don’t want to drive hours to meet your wrongful death lawyer. Our Charles Town office is here for you. If you can’t come to us, we’ll come to you.
Familiarity with Local Experts
We know trusted accident reconstructionists, medical experts, and economic specialists in the Shenandoah Valley region who can strengthen your claim.
Personal Connection
You’re not just another case to us. We meet with you face-to-face, listen to your story, and treat your loved one’s legacy with the respect it deserves.
How Long Do I Have to File a Wrongful Death Lawsuit?
Under West Virginia law, you generally have two years from the date of your loved one’s death to file a wrongful death lawsuit.
Missing this deadline can result in your claim being permanently dismissed, regardless of how strong your case is. There are some limited exceptions, such as fraud or delayed discovery of the cause of death, but these are rare.
Don’t wait to speak with our wrongful death attorneys. The sooner we begin gathering evidence and building your case, the better your chances of success.
Frequently Asked Questions About Wrongful Death Claims
How long does a wrongful death case take?
It depends on the difficulty of the case. Some cases settle in a few months. Others may take a year or more, especially if multiple defendants or insurers are involved. You can count on our wrongful death lawyers to keep you informed at every step.
Can multiple family members file their own claims?
No. Only the estate’s representative can file the claim, but all eligible beneficiaries may share in the settlement. The court will determine how the compensation is divided.
What if my loved one was partially at fault?
West Virginia follows a modified comparative fault rule. If your loved one was less than 50% responsible, the estate may still recover damages, though they will be reduced by the percentage of fault.
What if the at-fault party was a business or government agency?
We’ve handled claims against trucking companies, nursing homes, and even public entities. There may be additional notice requirements or shorter deadlines, so it’s important to speak with us right away.
Contact Our Charles Town Wrongful Death Lawyers Near Me Law Firm
At Skinner Accident & Injury Lawyers, we understand that no amount of money can bring your loved one back. But holding the responsible party accountable can help bring peace of mind and ensure your family is financially protected in the future.
Call (304) 777-7777 to schedule your free consultation or visit us online today. We treat you like family, because that’s what you deserve. We’ll listen to your story, explain your rights, and help you make informed decisions with compassion and care.