Wrongful Death Laws in West Virginia
The wrongful death laws of West Virginia seek to provide financial recourse to family members and dependents who have lost a loved one because of someone else’s negligence, carelessness or other wrongdoing. Wrongful death laws are important for many reasons including to help prevent future misconduct, to hold wrongdoers responsible for their actions, and to provide family members’ closure and financial compensation for the wrongful death of their loved one.
WV Wrongful Death Lawsuits – Who May Recover Compensation
The wrongful death laws of West Virginia are, among other things, designed to ease the financial burdens that often follow the wrongful death of a loved one. Under West Virginia law, family members and dependents who may recover compensation from a West Virginia wrongful death claim include:
- The surviving spouse
- Children, including adopted children and stepchildren
- Brothers and sisters
- And any persons who were financially dependent upon the decedent at the time of his or her death.
Common Causes of Wrongful Deaths in West Virginia
Automobile accidents caused by negligent drivers is perhaps the number one cause of wrongful death in West Virginia. However, Medical Negligence is now the third leading cause of death in the United States, and we see too many wrongful deaths in West Virginia caused by medical errors. Work accidents, such as those involving coal miners and the Five Workers Injured in Fracking Explosion at Antero Natural Gas Well Site, are also common causes of wrongful death in West Virginia.
Compensation in Wrongful Death Lawsuits
Under the West Virginia Wrongful Death Statute, family members may recover compensation for a variety of losses including but not limited to the following:
- Sorrow, mental anguish, and lost love and support of the departed, which may include society, companionship, comfort, guidance, kindly offices and advice;
- Compensation for reasonably expected loss of income
- Compensation for loss of services, protection, care and assistance provided by the decedent;
- Expenses for the care, treatment and hospitalization of the decedent incident to the injury resulting in death;
- Reasonable funeral expenses
When Must a Wrongful Death Claim be filed?
In West Virginia, the general rule is a wrongful death action must be filed within two years of the wrongful death. However, there are some exceptions to this rule, and if you miss this deadline, called the statute of limitations, your legal rights related to the wrongful death of your loved one may be barred forever.
That’s one of the many reasons it’s important to speak with an experienced wrongful death lawyer as soon as possible after the loss of your loved one. The wrongful death lawyers at West Law Firm are not only experienced and skilled in this complicated area of law, they are also highly rated for providing each client excellent, caring service.
Free Consultation with West Virginia Wrongful Death Lawyer
If you have lost a loved one in West Virginia due to another’s negligence or wrongdoing, we invite you to call one of our experienced wrongful death attorneys today for a free case consultation. Our toll-free number is 1-877-943-9378, and there’s NO FEE unless and until we recover compensation for you.