In West Virginia, wrongful death refers to a legal claim typically filed by the surviving family members of someone who died because of another party’s negligent or intentional actions. For example, fatal car accidents caused by drunk drivers on Route 60.
Wrongful death claims seek compensation for the financial damages the family has suffered as a result of the death, such as funeral expenses, loss of financial support, and devastating emotional pain and suffering.
If you lost a loved one due to another person’s negligent or criminal conduct, call a West Virginia wrongful death lawyer near you.
Legal Definition of Wrongful Death
Wrongful death refers to cases filed when someone’s life is taken due to the negligent or wrongful act of another party. In West Virginia, only the personal representative of the deceased’s estate can file a wrongful death claim. They do so on behalf of their immediate family members and financial dependents.
This claim aims to hold responsible parties accountable and seek compensation for the losses suffered by surviving family members.
A wrongful death claim in West Virginia must prove:
- Duty of care: The responsible party owed a duty of care to the deceased. For example, drivers must drive safely and follow traffic laws.
- Breach of duty: The responsible party breached that duty of care through his actions or failure to act. It can include reckless driving or failure to clear tripping hazards in stores.
- Causation: The breach of duty directly caused the injuries leading to the death of the individual. There must be a clear link between the actions of the responsible party and the resulting fatality, but the actions do not have to result in immediate death.
- Damages: The surviving family members have suffered measurable damages because of the death. The damages may include financial losses, such as funeral expenses, loss of financial support, and emotional pain and suffering.
These elements are similar to those needed to prove negligence; however, the injured party must have died from the accident injuries. Local personal injury lawyers often handle wrongful death cases so that they might explain the specific causes of action applicable to your claim.
Accidents and Events Associated with Wrongful Death Cases
Wrongful death cases in West Virginia can arise from various accidents and events. Everything from fender-benders to murders might qualify representatives to file wrongful death litigation if the unlawful act resulted in fatal injuries.
Common examples of events leading to wrongful death litigation include:
Car Crashes
Car accidents caused by negligent or reckless drivers can result in wrongful death claims. This might include situations where a driver was drunk, distracted, or disobeyed traffic laws and caused a fatal collision.
Large Truck Collisions
Injuries caused by negligent truck drivers on I-64 often prove fatal. Trucks greatly outweigh small passenger vehicles, so the force of impact from tractor-trailers does more damage to victims’ bodies.
Many fatal injuries, including head and neck trauma, are caused by collisions with 18-wheelers.
Bicycle and Pedestrian Accidents
Pedestrian and bicycle fatalities make up nearly 10 percent of all traffic accident deaths in West Virginia. Many innocent pedestrians suffer from fatal injuries when negligent drivers strike them in crosswalks.
Motorcycle Crashes
Like pedestrians, motorcyclists do not have the same protections as drivers in crash-tested motor vehicles. Many fatal motorcycle accidents occur when drivers fail to check blind spots or yield to riders.
Dangerous Worksites
In some cases, wrongful death claims can stem from workplace accidents. These often include construction site accidents, industrial accidents, or safety failures at mines. While most of these claims must go through workers’ compensation, you may still hold third parties liable for wrongful death.
For example, the spouse of a delivery driver struck and killed while dropping off a package might obtain a settlement from the employer through workers’ comp and the negligent driver through wrongful death litigation.
Products Liability
If a defective product causes someone’s death, a wrongful death claim can hold the manufacturer or distributor liable.
Claims can arise from faulty machinery, dangerous pharmaceuticals, mislabeled products, or other defective consumer items. Every corporation in the distribution chain bears responsibility for the dangerous product, meaning families might obtain compensation from multiple parties.
Criminal Acts
If an individual’s death resulted from criminal acts, the family might pursue a wrongful death claim alongside any criminal charges against the responsible party. It can include crimes such as assault, murder, or manslaughter.
No accident is too small if it leads to your loved one’s death. Discuss your case with a local wrongful death lawyer to determine your eligibility for damages.
Common Fatal Accident Injuries in West Virginia
In wrongful death cases, the injuries suffered by the deceased can vary depending on the nature of the accident.
Some common fatal accident injuries include:
- Traumatic brain injuries (TBI): Fatal head injuries can result from car accidents, falls, or workplace accidents. You might have a claim for wrongful death if the deceased passed immediately from a diffuse axonal injury or died after years of post-coma unresponsiveness.
- Spinal cord injuries: Damage to the spinal cord can lead to paralysis and even death. These injuries often occur in accidents involving falls, car collisions, or sports-related incidents. Many patients who initially survive with paralysis pass years later from medical complications.
- Internal injuries: Blunt force trauma to internal organs can be life-threatening. Severe damage to the heart, lungs, liver, or other vital organs is often fatal. Blunt force trauma to their organs kills many pedestrians and cyclists.
- Burns: Second and third-degree burns can lead to complications such as infection, organ failure, or loss of bodily functions, ultimately resulting in death. Many fatal burn cases involve large truck accidents or product liability claims.
- Exsanguination: Severe blood loss from injuries such as deep lacerations or puncture wounds can kill if not treated promptly. These may be seen on construction sites or after rural mountain car accidents.
- Suffocation or drowning: Accidents involving suffocation or drowning can result in death, particularly in cases where negligence contributed to the incident. Special laws apply to children killed in drowning accidents.
It does not matter how minor the injury causing death was. If the accident injury led directly to your loved one’s death, you can have a claim. Discuss your case with a local wrongful death lawyer to determine whether you qualify to file litigation.
West Virginia Statute of Limitations in Wrongful Death Cases
In West Virginia, the statute of limitations for wrongful death claims generally gives you two years from the date of the deceased’s death.
The clock starts on the date of death, not the accident date. You might have general personal injury claims, such as negligence, after a car accident that turn into wrongful death claims if the decedent died from his injuries.
Exceptions to the Statute of Limitations
Contact a wrongful death lawyer regardless of how much time has passed. You may have additional time to file if any exceptions apply.
Litigation v. Insurance Claims Deadlines
The statute of limitations applies if you want to sue liable parties for wrongful death in court. Other deadlines may apply. If the responsible party is a governmental entity, you may need to meet specific notice requirements and shorter timeframes.
Consult an experienced wrongful death attorney as soon as possible to file your claim within the appropriate timeline.
Eligibility Requirements for Bringing Wrongful Death Litigation
Because the personal representative can only file one wrongful death case, certain family members have priority.
The order of eligibility is generally:
- Spouse: The surviving spouse of the deceased has the first right to file a wrongful death claim.
- Children: If there is no surviving spouse, the deceased’s children can file the claim.
- Parents: If there is no surviving spouse or children, the deceased’s parents may pursue a wrongful death claim.
- Siblings: In the absence of a surviving spouse, children, or parents, siblings of the deceased may have the right to file a wrongful death claim.
- Financial dependents: If the deceased had no surviving close family, courts will consider litigation filed by beneficiaries under the will or those who financially depended on the deceased.
Call a wrongful death attorney to discuss your eligibility to file litigation or the right to receive compensation if another family member files a claim.
Obtaining and Distributing Financial Compensation After a Loved One Dies
A wrongful death claim in West Virginia attempts to obtain financial compensation for the losses suffered by surviving family members.
These losses may include:
- Funeral and burial expenses
- Loss of financial support and income
- Lost companionship and guidance
- Medical expenses related to the deceased’s final injury or illness
- Pain and suffering of the deceased before death
- Emotional pain suffered by family members
The damages awarded in wrongful death cases go to eligible family members based on their relationship to the deceased. The court will consider the financial and emotional support the deceased provided to each family member when determining the distribution of compensation. The same distribution principles apply to insurance settlements, which might require court approval.
A skilled wrongful death attorney can assess your losses, gather evidence, and negotiate with insurance companies or opposing parties to maximize your financial recovery.
However, these cases often involve multiple beneficiaries. As such, it may take additional time to recover compensation in wrongful death cases.
The Benefits of Retaining a West Virginia Wrongful Death Lawyer
The complex legal process that families must go through can make losing a loved one in an accident more traumatic.
Here are a few benefits of retaining a wrongful death lawyer in West Virginia:
- Legal knowledge: Wrongful death cases involve complex legal principles and court procedures. A skilled attorney has the knowledge and experience to protect your rights under state-specific law.
- Support and guidance: A wrongful death attorney can provide emotional support and guidance throughout the legal process. Lawyers understand the impact of the loss and can offer compassionate assistance while fighting for justice on your behalf.
- Investigation and evidence gathering: A lawyer will thoroughly investigate the circumstances surrounding your loved one’s death, gathering evidence to support your claim. This may include obtaining witness statements and medical records before consulting experts.
- Negotiation and settlement: A skilled attorney will negotiate with insurance companies or opposing parties to ensure you receive fair compensation for your losses. They will fight for your rights and advocate for your best interests throughout the negotiation process. This is often the preferred way to obtain compensation in wrongful death cases, as it avoids lengthy and emotionally difficult trials.
- Litigation representation: Reputable law firms will have the experience and resources to take your case to trial if necessary. They will represent your interests in court and fight for your deserved compensation.
By retaining a West Virginia wrongful death lawyer, you can focus on healing and grieving while knowing that they will protect your legal rights and interests.
Contact a Wrongful Death Attorney in West Virginia Today
If you lost a loved one due to the negligent or intentional actions of another party, contact a personal injury attorney in West Virginia as soon as possible. Dedicated and compassionate law firms can provide the guidance and support you need to seek justice for your loss.
Contact a personal injury lawyer near you for your free consultation and discuss your case as soon as possible.
Jeffery Robinette was admitted to practice law in 1991 and is licensed in all levels of state and federal trial courts in West Virginia. Mr. Robinette is also licensed in all state and federal appeals courts in West Virginia and the United States Supreme Court. As a National Board Certified Trial Attorney who has handled hundreds of motor vehicle, injury, and construction defect claims and a leading author on insurance claims settlement issues and difficulties in West Virginia, Jeff Robinette is uniquely qualified to represent your best interest.
