Losing a loved one is undoubtedly one of life’s most difficult experiences, and the pain can be even more overwhelming if your loved one’s death was preventable. Many sudden deaths result from someone else’s negligent or criminal conduct, and you may be entitled to seek compensation by filing wrongful death litigation. It’s normal for families to need time to grieve before considering their legal options. However, West Virginia has a statute of limitations that determines the length of time within which personal representatives can file wrongful death lawsuits.
While the process of seeking justice may seem daunting, reach out to an experienced wrongful death attorney in West Virginia as soon as possible. They can provide the guidance and support needed to help you get the compensation and closure you deserve. Contact a lawyer near you today to learn more about the wrongful death statute of limitations in West Virginia and protect your legal rights.
What is a Wrongful Death Claim?
A wrongful death claim arises when the negligence, recklessness, or intentional act of another person or entity causes a person’s death. In such cases, surviving family members and financial dependents may have the right to file a lawsuit seeking compensation for the damages they have suffered as a result of their loved one’s death.
Most Common Accidents Resulting in Fatal Injuries
Wrongful death cases can arise from a wide range of accidents and incidents. Some of the most common events resulting in fatal injuries in West Virginia include:
- Car Accidents: Motor vehicle accidents, including car, truck, bicycle, pedestrian, and motorcycle accidents, are one of the leading causes of accidental deaths in the Mountain State.
- Workplace Accidents: Fatal accidents can occur in various workplaces, including construction sites, manufacturing plants, and mining operations. While many of these claims involve workers’ compensation, third parties might also share liability for the death. In such cases, you need a personal injury lawyer to file litigation on your behalf.
- Dangerous Premises: Accidents occurring on unsafe property, such as slip and fall accidents, can result in fatal injuries.
- Defective Products: If a defective product causes a person’s death, the designer, manufacturer, and seller may be held liable. Wrongful death cases stemming from products liability may include brake failures on new vehicles or mislabeled allergy information on foods.
- Animal Attacks: Vicious dogs and infections from dog bites have resulted in wrongful death claims.
- Assault/Homicide: Intentional physical violence, whether intended to cause death or not, has a civil component. You may be entitled to monetary damages for criminal activities resulting in your loved one’s death.
This list is not exclusive, so you should always contact a local wrongful death lawyer to discuss any incidents resulting in death or fatal injuries.
Statute of Limitations in West Virginia Wrongful Death Cases
In West Virginia, there is a specific time limit, known as the statute of limitations (SOL), within which a wrongful death lawsuit must be filed. This time limit is in place to ensure that legal actions are initiated promptly so that evidence does not disappear. The statute of limitations for wrongful death cases in West Virginia is generally two years from the date of the individual’s death (W. Va. Code §55-7-6 (d)). This means you must file litigation within two years, but the deadline for filing insurance claims may be much sooner.
If you fail to file a wrongful death claim within the applicable statute of limitations, you may lose your right to seek compensation for your losses. Therefore, contact an attorney as soon as possible to understand and comply with the litigation and claims’ deadlines applicable to your case.
When Does the SOL in Wrongful Death Cases Start to Run?
The statute of limitations in wrongful death cases in West Virginia begins to run on the date of the individual’s death, not the date of the accident. This means that the clock starts ticking on the two-year time limit as soon as the person passes away due to another party’s negligent or wrongful actions. For example, if your loved one sustained a traumatic brain injury in a car accident in 2010, suffered in a coma for 15 years, and then passed away in 2025, you have until 2027 to file a wrongful death claim.
Gathering all relevant evidence and information as early as possible is essential to prepare a strong wrongful death case. Discuss your claims with an experienced local lawyer to understand how to preserve evidence and build a compelling case within the applicable time frame.
Exceptions to the Wrongful Death Statute of Limitations
While the general SOL for West Virginia wrongful death cases is two years, certain exceptions may extend this time limit. In some circumstances, the statute of limitations may be tolled (paused) until the surviving family members discover or should have reasonably discovered the cause of their loved one’s death. This is called the discovery rule, and it may come into play if a murderer actively covered up a crime.
If the individual entitled to file the wrongful death claim is a minor or has a legal disability, the statute of limitations may be extended until they reach the age of majority or are no longer under a legal disability. Even if you missed the two-year deadline, connect with a local personal injury attorney immediately to determine if any exceptions apply to your case.
Who is Liable for My Loved One’s Death in West Virginia?
Determining liability in a wrongful death case can be complex, and it depends on the specific circumstances surrounding the individual’s death. Wrongful death does not require intent. For example, you may hold a driver liable for striking and killing a cyclist because the driver was texting. In general, parties that may be held liable in a West Virginia wrongful death claim include:
- Individuals: Negligent individuals who directly caused the death through their actions or omissions may be held liable.
- Companies and Corporations: If the death was caused by a corporation or company’s negligence or wrongful act, it may be held responsible just as a person would be.
- Government Entities: In some cases, government entities may be held liable for wrongful deaths due to negligence, such as accidents involving government-owned vehicles or poorly maintained roadways.
Identifying responsible parties is essential in pursuing a successful wrongful death claim. An experienced attorney can thoroughly investigate the circumstances surrounding your loved one’s death and determine who may be held accountable.
Who Can Bring Wrongful Death Lawsuits?
In West Virginia, wrongful death claims must be filed by the personal representative of the deceased person’s estate (W. Va. Code §55-7-6 (a)). The probate court judge usually appoints the personal representative and is responsible for handling the deceased person’s legal affairs. The personal representative is required to act in the best interests of the surviving family members and ensure that any compensation obtained through the wrongful death lawsuit is distributed appropriately.
Personal representatives are often also beneficiaries and typically include the deceased’s surviving spouse, children, and parents. In some cases, siblings, grandparents, or other dependents may also be eligible to receive compensation. If the deceased had no surviving family members, courts may appoint the representative designed in the will, such as a fiancé or close friend.
Types of Compensable Damages in West Virginia Wrongful Death Cases
In a West Virginia wrongful death case, surviving family members may be entitled to substantial compensation for their losses. Some of the common types of damages available for compensation include:
- Medical Expenses: Compensation for medical expenses incurred due to the deceased person’s injury or illness leading to death.
- Funeral and Burial Expenses: Reimbursement for the costs associated with the funeral and burial of the deceased.
- Lost Income: Compensation for the lost financial support the deceased would have provided the surviving family members, including lost income, benefits, and future earning potential.
- Loss of Consortium: Damages for the loss of companionship, guidance, and support from the deceased person.
- Emotional Distress: Compensation for the emotional pain, suffering, and trauma experienced by the surviving family members.
- Punitive Damages: In cases where the responsible party’s actions were particularly egregious or intentional, punitive damages may be awarded as a form of punishment and deterrence.
The specific amount of compensation available varies depending on the case’s circumstances. An experienced attorney can assess your situation and help you understand the potential compensation you may be entitled to.
How are Wrongful Death Settlements Distributed Among Surviving Relatives?
State law determines the distribution of wrongful death settlements or verdicts among surviving dependents, which differs from traditional succession laws. The surviving spouse and children of the deceased, including adopted children and stepchildren, generally have priority in receiving compensation from a wrongful death settlement if they were financially dependent on the deceased at the time of death. The same principle applies to financially dependent parents, siblings, cousins, or anyone who can demonstrate financial dependence.
If no one was financially dependent, then West Virginia applies general succession laws. The court will distribute any settlements as outlined in the deceased’s will, and if there is no will, apply intestate succession laws. These laws govern how a deceased person’s property is distributed when they pass away without a valid will. Contact an attorney to discuss how these specific laws apply to your situation and to ensure that the compensation is distributed appropriately among eligible family members and financial dependents.
The Benefits of Retaining a Local Wrongful Death Lawyer
Preparing to file a wrongful death case can be incredibly challenging, especially during a time of grief and loss. Hiring an experienced local wrongful death attorney can provide numerous benefits and significantly increase the chances of a successful outcome. Some of the key benefits of retaining a personal injury lawyer include:
- Legal Experience: Wrongful death claims differ from traditional personal injury cases in that they involve probate and civil courts. Attorneys with experience handling these claims understand the specific laws and regulations that apply in West Virginia and can provide valuable guidance throughout the legal process.
- Investigation and Gathering Evidence: Dedicated wrongful death lawyers have the resources and network to conduct a thorough investigation into the circumstances surrounding your loved one’s death. They can gather essential evidence, interview witnesses, and consult with law enforcement and medical experts to build a strong case on your behalf.
- Negotiation and Settlement: Attorneys skilled in handling wrongful death cases are often experienced negotiators. They can negotiate settlements with insurance companies and other parties to seek a fair and just settlement that adequately compensates you for your losses.
- Trial Representation: A local wrongful death lawyer should provide trial representation at no additional cost if your case proceeds to trial. He or she will argue on your behalf, present a compelling case to the jury, and fight for the justice and compensation you deserve.
- Emotional Support and Compassion: Dealing with the loss of a loved one is emotionally challenging. A local wrongful death lawyer can provide compassionate support and guidance throughout the legal process, helping you understand the complex legal system while providing peace of mind and reassurance.
Contacting a qualified personal injury attorney is the first step towards protecting your legal rights and seeking justice for your loved one’s death. Reputable law firms can provide a personalized assessment of your case and guide you through every step of the legal process.
Contact a West Virginia Wrongful Death Lawyer Near You Today
Losing a loved one unexpectedly is an incredibly devastating experience, and the pain can be compounded when their death is the result of someone else’s negligence or intentional act. In such cases, you should always seek legal representation from a West Virginia wrongful death lawyer. If you lost a loved one due to someone else’s negligent or wrongful act, do not hesitate to reach out to a wrongful death attorney near you.
Experienced West Virginia personal injury lawyers can help you understand the wrongful death statute of limitations and guide you through the legal process, ensuring your rights are protected and you receive the compensation and closure you deserve. Contact a West Virginia wrongful death lawyer to discuss your case today.
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.
