Are you seeking justice after losing a loved one in an accident caused by another person’s negligence? The loss of a family member is a traumatic experience, and more especially when negligent actions triggered the accident. Fortunately, if your loved one dies in an accident in West Virginia, you have legal recourse.
At Robinette Legal Group, PLLC, we have successfully stood up for families seeking justice following the tragic loss of their loved ones. A West Virginia wrongful death lawyer will evaluate your situation, determine damages, and officially initiate a claim to seek justice. Call us immediately to start working on your case before the deadline for launching wrongful death claims passes.
What is Considered a Wrongful Death in West Virginia?
In West Virginia, a wrongful death is defined as a death caused by the wrongful act, neglect, or default of another person or entity. When someone else’s misconduct or failure to act leads to the death of another individual, the law allows certain family members to bring a claim. This legal action is intended to provide compensation for the financial and emotional loss resulting from the untimely death.
According to West Virginia Code §55-7-5, a wrongful death claim may be filed when the act causing the death would have entitled the deceased to pursue a personal injury claim had they survived. These claims aim to provide financial relief and accountability for surviving family members. Eligible claimants must file within the state’s two-year statute of limitations.
Wrongful death cases require clear evidence linking the defendant’s actions to the death. However, understanding what qualifies as a wrongful death is the first step in pursuing justice under West Virginia law.
Why Work With Robinette Legal Group, PLLC?
Choosing the right legal representation is essential when pursuing a wrongful death claim. Wrongful deaths result from catastrophic incidents that carry high stakes. Therefore, having a personal injury attorney who is familiar with such cases is essential.
At Robinette Legal Group, PLLC, our team is dedicated to supporting families through the complex legal process with compassion and diligence. Our clients receive detailed case evaluations, transparent communication, and dedicated legal support throughout the proceedings.
Our firm, based in Morgantown, West Virginia, has a strong record of securing fair compensation for grieving families. We understand the legal framework surrounding these claims and can guide you and your family through the process.
Our wrongful death attorneys bring extensive knowledge of state laws and local court systems, enabling us to build robust cases tailored to your needs. Our legal team has successfully represented families across the state and continues to serve as a reliable advocate during difficult times. We can handle all aspects of your claim and are dedicated to achieving justice for your loved one.
What Kind of Compensation Can I Get?
A wrongful death claim in West Virginia may provide compensation for various losses suffered by surviving family members. These damages are meant to address financial and emotional impacts so families receive the needed support. Your wrongful death compensation is, therefore, a combination of various damages due to the loss of a loved one.
One of the most immediate concerns families face includes medical expenses tied to the treatment and care the deceased may have received before passing. These costs can be extensive, especially in hospitalization, surgery, or prolonged care cases.
Funeral and burial expenses are also recoverable. These costs can be significant, and reimbursement helps reduce the financial burden on grieving families. In addition to these tangible expenses, compensation may also cover intangible losses. Loss of companionship is one such category. It refers to the emotional suffering experienced by close family members—such as a spouse, children, or parents—who must now endure life without their loved one’s presence and support.
Families may also seek compensation for the loss of support. It includes emotional support and the practical help the deceased provided around the home or through caregiving responsibilities. Lost earnings and future earning potential are other key aspects of a claim. When someone financially contributing to the household dies, the surviving family is entitled to recover what the deceased would have likely earned over the course of their life, taking into account age, profession, and earning capacity.
In some situations, the court may award punitive damages. These are not calculated based on financial loss but are meant to penalize the at-fault party for conduct considered especially reckless or harmful. Although not applicable in every case, punitive damages serve as a means of emphasizing accountability when the death was caused by particularly egregious behavior.
Our team will calculate the full range of damages available in your case so you are better positioned to pursue a settlement or judgment that reflects the full scope of the loss. This is in connection with our belief that every category is key in restoring a measure of financial stability and recognizing the value of the lost life.
Fatal Work Accident Statistics for the US and West Virginia in 2020
Types of Cases Our Wrongful Death Lawyers Handle
Robinette Legal Group, PLLC, handles a wide variety of wrongful death cases, addressing various circumstances that lead to tragic losses. Our West Virginia wrongful death lawyers are equipped to represent families in cases involving:
- Car accidents: When reckless or impaired drivers cause fatal crashes.
- Truck accidents: Including commercial vehicle collisions and violations of federal transportation laws.
- Motorcycle accidents: Mainly involving visibility issues or driver negligence.
- Mining accidents: Especially relevant in West Virginia, where mining continues to present occupational risks.
- Work accidents: Exposure to unsafe work conditions that lead to injuries, long-term illness, and death.
- Premises liability: Deaths caused by unsafe properties, such as falls or structural failures.
- Construction accidents: Accidents involving heavy equipment, scaffolding, or falling objects.
In each of these cases, the type and severity of the injuries greatly influence the outcome of the claim. For instance, traumatic brain injuries, severe burns, or internal organ damage can significantly affect the settlement amount due to the extensive care required before death.
When pursuing a wrongful death claim, our lawyers will assess the type and scope of injuries that the deceased suffered before their passing. This assessment is key in determining the appropriate compensation for surviving family members.
What Can Our Wrongful Death Attorneys Do
Pursuing a wrongful death claim involves complex legal steps that our attorneys at Robinette Legal Group, PLLC, are prepared to handle. We provide thorough support to alleviate the burden on grieving families. Our services include:
Determining Liability
Establishing liability is a cornerstone of any wrongful death case, as it directly ties the defendant’s actions to the fatal outcome. Our attorneys will conduct investigations to collect evidence to prove negligence or misconduct. We will analyze factors such as violations of OSHA regulations, driver behavior, and other relevant factors to determine responsibility. This process is vital to building a compelling case that secures accountability and compensation for your loss.
Overseeing the Legal Process
Wrongful death claims involve several processes that are governed by law. Our legal team can help families prepare for what to expect while pursuing justice. Usually, your claim will mainly involve these processes:
- Initial Case Evaluation and Filing: The process begins with a thorough investigation to determine liability and gather evidence. Once enough information is available, the personal representative files the wrongful death claim in the appropriate court.
- Service of Legal Documents: The defendant must be formally served with a copy of the complaint after filing. This step informs them of the pending legal action and provides an opportunity to respond.
- Discovery Phase: Parties to the case will exchange relevant documents and conduct depositions. It may include medical records, expert testimony, witness statements, and financial data to build the foundation of the case.
- Motions and Court Hearings: Legal motions may be filed to resolve certain issues before trial. These may relate to evidence, requests to dismiss the case, or procedural disputes.
- Settlement Negotiations: Many wrongful death cases are resolved before reaching trial. Attorneys may negotiate or mediate to reach a financial settlement that appropriately compensates the family.
- Trial: If no agreement is reached, the case proceeds to trial. Your lawyer will present arguments and wait for a judge to issue a verdict on liability and damages.
Our attorneys ensure every step is handled correctly and in accordance with West Virginia law. By overseeing the process, we reduce the risk of procedural setbacks and help your case move forward efficiently and effectively.
Determine Eligibility
According to West Virginia law, only the personal representative of the deceased’s estate may file a wrongful death claim. These are persons who are legally tasked with the duty to act on behalf of the surviving spouse, children, or parents. Other dependents or estate beneficiaries may be eligible if no such relatives exist. However, this process involves probate and the court process.
Our attorneys carefully review family relationships and estate details to confirm eligibility. Compensation recovered is distributed to these eligible family members based on their financial and emotional dependence on the deceased. These include:
- Surviving spouse
- Biological, adopted, and step-children
- Children
- Parents
- Siblings
- Any person who was financially dependent on the deceased
We will ensure the claim adheres to state law and benefits the appropriate parties.
Deal With the Insurance Company
Insurance companies often prioritize reducing their financial exposure, which can lead to grieving families being offered settlements that fall far short of what is fair. When dealing with an insurer, especially in a wrongful death case, their representatives are trained to protect the company’s bottom line. Common tactics include:
- Pressuring families into accepting low settlements quickly
- Minimizing or disputing liability
- Requesting recorded statements to use against claimants
- Delaying responses in hopes the family gives up
- Denying the full value of emotional and future financial losses
Our legal team understands these strategies and is equipped to counter them. We handle all correspondence with insurance adjusters, review their offers against the value of your claim, and push back against attempts to downplay the loss. Working with an attorney ensures the insurance company deals with your case on equal footing. We act as a buffer so your family is protected from the emotional strain of these interactions and free to focus on healing.
Calculate the Full Scope of Damages
Determining fair compensation requires more than tallying bills. We work with economists, financial analysts, and medical professionals to project long-term losses, including income the deceased would have earned and the emotional and practical value they provided to the family. Our thorough assessment helps ensure that all losses, both tangible and intangible, are taken into account when building the claim.
After a Wrongful Death, What Next?
The period following a loved one’s death is overwhelming, but you don’t want to let the negligent party get away with it. The law allows eligible members to seek compensation that honors their loved one’s memory and protects their family’s future. However, you need to take the right steps to strengthen your claim.
First, document any evidence related to the incident, such as photographs, witness contact information, or medical records. At this emotionally charged time, don’t be tempted to discuss the case with insurance adjusters or sign any documents without legal advice. It can jeopardize your claim.
Finally, work with a wrongful death attorney as soon as possible to preserve evidence, help meet legal deadlines, and comply with procedures. Acting quickly ensures that critical details are not lost, enhancing your case’s viability. Doing the right thing can help lay a robust foundation that positions your family to pursue justice.
These figures are not surprising, as most wrongful death cases involve motor vehicle accidents, where the damages are usually lower than in other personal injury cases. Keep in mind that the numbers are somewhat skewed, as we do not have access to the private settlement statistics.
Contact a West Virginia Wrongful Death Lawyer Today
If you have lost a family member as a result of any of the types of accidents discussed above, you need to take legal action to secure justice. At Robinette Legal Group, PLLC, we understand the emotional and financial strain the loss of a family member places on families. We offer respectful and attentive legal representation to those seeking justice for the loss of a loved one. Our team will scrutinize your case, advise on the next steps, and pursue compensation through a wrongful death claim. Contact our office today at (304) 594-1800 for a consultation.
Call us today to find out how we can help you.
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