West Virginia Wrongful Death Lawyers

Helping You Navigate the Law in the Wrongful Death of a Loved One

Wrongful Death is how lawyers describe when someone is killed through the fault of someone else.  The cause of someone’s dying can be anything from an intentional act (which would be prosecuted criminally) to a car crash.  When someone else causes someone to die, it is generally called wrongful death. West Virginia has a fairly progressive wrongful death law and working with our Wrongful Death Attorney law firm 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. The lawsuit can seek monetary compensation for the family for the sorrow and loss experienced; the loss of services, protection, care and assistance provided; the future lost income of the person who died; the expenses for the care, treatment and hospitalization prior to the death along with reasonable funeral expenses.  This West Virginia estate law provides insight to how these lawsuits often proceed.

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. This wrongful death distribution law was written to try to make sure the proceeds were fairly distributed. The people who are entitled to share the award include “the surviving spouse and children, including adopted children and stepchildren, brothers, sisters, parents and any persons who were financially dependent… or would otherwise be equitably entitled to share.”  This means that unmarried couples still have rights. It also means that parents are not necessarily treated equally if one of them had no relationship with a child that died.

How Wrongful Death Attorneys Near You Can Help

After losing a loved one because of someone else’s negligence, your family may be facing grief, confusion, financial stress, and unanswered questions. Wrongful death attorneys near you can help bring structure to the legal process while your family focuses on healing.

A wrongful death case is separate from any criminal charges that may be filed. Criminal cases are meant to punish wrongdoing, while a civil wrongful death claim is meant to help surviving family members recover financial compensation for the losses caused by the death. This may include funeral expenses, medical care before death, lost income, loss of services, emotional suffering, and the loss of care, protection, and companionship.

An attorney can investigate what happened, identify all responsible parties, gather evidence, review accident reports, speak with witnesses, work with experts when needed, and handle communication with insurance companies. This is especially important because insurers may try to reduce the value of a claim or resolve the case before the full impact of the loss is understood.

At Skinner Accident & Injury Lawyers, our wrongful death attorneys understand how sensitive these cases are. We work to protect your family’s rights, explain each step clearly, and pursue the compensation available under West Virginia law. While no amount of money can replace your loved one, a wrongful death claim can help provide accountability, financial stability, and a measure of justice for your family.

The most important task for those who have lost a loved one because of someone else’s fault is to talk to a lawyer as quickly as possible.  The deadline for filing a wrongful death lawsuit in West Virginia is two years after the date of death. There are many issues that should be examined prior to filing the lawsuit, so it is important to call a Wrongful Death Attorney as soon as possible.

Our Wrongful Death Attorney Team at Skinner Accident & Injury Lawyers are experienced, skilled, and ready to fight for your best interests in court. For help with your case, contact us today at (304) 777-7777.