There are several traumatic events that can cause the sudden death of a loved one. Some other accidents cause severe injuries that ultimately result in the loss of a loved one. If you and your family in Morgantown are in such a grave situation, you have the legal right to seek compensation. It is especially true if your loved one died due to another person’s negligence. You can recover damages related to the loss of your loved one by filing a wrongful death claim.
For more than 20 years, Robinette Legal Group, PLLC has been advocating for families in Morgantown and across West Virginia who have suffered the loss of loved ones due to the negligence and misconduct of others. If you are looking for legal help after the death of your loved one, a Morgantown wrongful death lawyer can help with the legal process. Contact us today at (304) 594-1800 to begin your case evaluation.
West Virginia Wrongful Death Law: What the Statute Says
West Virginia wrongful death claims are governed by two sections of the state code. W. Va. Code § 55-7-5 creates the right to bring a claim, and W. Va. Code § 55-7-6 controls who files it, what damages are available, and how long a family has to act.
The right to a claim (§ 55-7-5). When a person dies because of another party’s wrongful act, neglect, or default, and the deceased could have brought a personal injury claim had they survived, the law allows a claim against the party who would have been responsible. This holds true even when the death resulted from conduct that would also be treated as a crime.
Who brings the claim (§ 55-7-6(a)). A West Virginia wrongful death action is brought by the personal representative of the deceased person’s estate, not directly by individual family members. The personal representative files on behalf of the family, and any recovery is distributed to them. A representative appointed outside West Virginia must post a bond when the complaint is filed.
Who shares in the recovery (§ 55-7-6(b)). Damages are distributed among the surviving family members the statute recognizes: the surviving spouse and children, including adopted children and stepchildren, along with brothers, sisters, parents, and any person who was financially dependent on the deceased or who would otherwise be equitably entitled to share. If none of these survivors exist, the recovery passes under the deceased’s will or, if there is no will, under West Virginia’s laws of descent and distribution.
What damages are available (§ 55-7-6(c)). The statute allows a jury to award damages that include, but are not limited to:
- Sorrow, mental anguish, and solace, which covers the loss of the deceased’s society, companionship, comfort, guidance, and advice
- The reasonably expected loss of the deceased’s income, and the loss of the services, protection, care, and assistance the deceased provided
- Expenses for the care, treatment, and hospitalization connected to the injury that caused the death
- Reasonable funeral expenses
Because the statute says damages are not limited to those categories, additional compensation, including punitive damages, may be available in cases involving especially reckless or intentional conduct.
The filing deadline (§ 55-7-6(d)). A West Virginia wrongful death claim must generally be filed within two years of the date of death. Missing that deadline usually ends the right to recover, although narrow exceptions can apply in specific circumstances. Because timing is decided case by case, families should have the deadline reviewed by an attorney as early as possible.
West Virginia Wrongful Death Case Examples
Workplace Death at a Power Plant
A young husband and father was carrying out his assigned duties at a power plant when he was put in harm’s way, backed over by a truck, and killed. Robinette Legal Group represented his widow and their small child and obtained a substantial settlement that helped the family begin to rebuild their lives.
Sago Mine Explosion
In 2006, the West Virginia coalfields suffered one of the worst mine explosions in decades. The firm represented the family of one of the miners who died and secured a substantial settlement for them.
Carbon Monoxide Poisoning in a Rental Home
A newly married couple moved into a rental property and turned on the thermostat their first evening. Within hours, carbon monoxide from a faulty furnace pipe filled the unit. One spouse died, and others in the building were hospitalized for severe toxic exposure. The firm secured a substantial settlement for two of the affected families, well beyond what they had expected.
These outcomes reflect the kinds of West Virginia wrongful death matters the firm has handled. Every case is different, and past results do not guarantee a particular outcome.
Why Choose Robinette Legal Group, PLLC?
Robinette Legal Group, PLLC has built a reputation over two decades as a steadfast advocate for Morgantown families facing wrongful death tragedies. Our attorneys possess deep knowledge of West Virginia’s legal system. We can leverage this legal knowledge to ensure your case is handled effectively.
Also, we approach every client with compassion and care. We understand how distressing it can be to lose a family member, especially when they were a source of support and comfort in your life. As such, we will take time to understand your unique needs and craft a legal strategy tailored to achieve the best possible outcome in your circumstances.
At our firm, we believe that clear communication is key. From the moment you walk through our doors for your initial consultation to the final resolution of your case, we ensure you’re well-informed every step of the way. Unlike those big firms where you can feel like just another number, we pride ourselves on providing personalized attention tailored to your unique needs.
We have successfully represented clients against powerful entities, including corporations and insurance companies, securing substantial settlements and verdicts. Choosing our firm means partnering with attorneys who genuinely care about your family’s well-being and are relentless in their pursuit of fair compensation.
What Types of Wrongful Death Cases Do We Handle in Morgantown?
Wrongful death cases in Morgantown may be associated with several types of accidents. We have noted that the majority of accidents that lead to deaths are preventable, and the victims have legal recourse. Here are some types of accidents that may result in wrongful death:
- Coal Mining Accidents: Explosions, cave-ins, equipment failures, and unsafe working conditions often contribute to fatal coal mine accidents. We work with mining experts to uncover violations of safety regulations.
- Oil and Gas Rig Accidents: Fires, blowouts, toxic exposure, and mechanical failures on rigs often stem from poor training, inadequate safety protocols, or employer negligence.
- Trucking Accidents: Fatalities caused by semi-trucks or commercial vehicles often involve driver fatigue, speeding, improper loading, or mechanical failure. We analyze logbooks, black box data, and crash reports.
- Toxic Chemical Exposure: Long-term or acute exposure to dangerous substances in the workplace or community can cause fatal illnesses. We pursue claims involving companies that fail to warn or protect.
- Product Defects and Failures: Defective products such as automotive parts, industrial tools, or medical devices can cause fatal injuries. We can hold manufacturers and distributors accountable.
- Pipeline Explosions: Gas and oil pipeline explosions can devastate entire communities. We investigate pipeline maintenance, oversight failures, and regulatory violations.
- Motor Vehicle Collisions: We pursue full compensation for fatal crashes caused by drunk drivers, speeding, texting while driving, and reckless behavior.
- Logging and Timbering Accidents: One of the most dangerous industries in West Virginia, logging accidents are often caused by a lack of training, defective equipment, or falling trees.
- Construction Accidents: Falls, electrocution, and equipment-related injuries are common causes of wrongful death on construction sites. We examine violations of OSHA regulations and contractor negligence.
Each of these accidents requires unique attention when pursuing justice for the loss of life. Our team will conduct a thorough investigation to uncover evidence of negligence, such as safety violations or corporate misconduct. Our wrongful death attorneys work with industry experts, accident reconstructionists, and medical professionals to help families secure the compensation they need to move forward.
Who Can File a Wrongful Death Claim in Morgantown?
West Virginia Code § 55-7-5 determines who may file a wrongful death claim to ensure that only those directly affected can seek compensation. Typically, the personal representative of the deceased’s estate initiates the claim. This is usually someone named in the will of the deceased. If there is no estate representative appointed, the decedent’s spouse or adult child may be appointed an executor.
An executor must submit an application to become the administrator of an estate or the personal representative. This process is managed by the probate office at the local county court. Unless specified differently in a will, a monetary bond may need to be posted. Furthermore, the personal representative is required to take an oath to be officially sworn in. At Robinette Legal Group, PLLC, our legal team has been helping families with this process.
Our attorneys will carefully assess eligibility based on family relationships and state statutes to ensure the claim is filed correctly. Once the claim is resolved, the compensation is distributed among surviving family members, including:
- Surviving spouse
- Biological and adopted children
- Parents
- Siblings
- Any other financial persons who were financially dependent on the deceased at the time of the death
Unfortunately, it is not uncommon for wrongful death claims to have disputes. These mainly involve disagreement over who receives what portion of the compensation. That’s why it is advisable to have a wrongful death attorney manage the claim and distribution process.
Also, the filing process involves meeting deadlines known as statutes of limitations. In West Virginia, the families have only two years from the date of death to initiate a claim. If you miss this deadline, you can’t file a claim to seek wrongful death benefits. Our team will help your family identify eligible claimants and ensure they meet all legal requirements, protecting your family’s rights.
How Much Compensation Can I Receive?
Compensation in a wrongful death claim addresses the profound financial and emotional toll of losing a loved one. The specific damages available depend on the circumstances of the case, but common categories include the following:
- Pain, Suffering, and Grief: Monetary awards for the emotional anguish and mental suffering endured by surviving family members.
- Funeral Expenses: Reimbursement for costs associated with burial, cremation, or memorial services, which can be substantial.
- Medical Bills: If your loved one received treatment before their death, those costs can be substantial and make a significant portion of the claim.
- Lost Income and Benefits: Families may be entitled to the income, benefits, and retirement income the deceased would have earned over their lifetime.
- Loss of Companionship and Support: Courts may award compensation for the loss of guidance, love, and emotional support the deceased would have provided.
- Punitive Damages: Additional awards in cases of egregious negligence or intentional misconduct, intended to punish the responsible party and deter similar behavior.
Calculating fair compensation requires a comprehensive evaluation of both tangible and intangible losses. For example, lost earnings may involve projecting the deceased’s future income based on their career trajectory, while pain and suffering awards consider the emotional impact on the family.
Our attorneys will collaborate with financial experts, life care planners, and economists to accurately assess these damages. While no amount can replace your loved one, we strive to secure the maximum compensation possible, which can provide stability for your family’s future.
What Does a Morgantown Wrongful Death Lawyer Do?
A wrongful death lawyer serves as an advocate, guiding families through the complex legal process while seeking justice for their loss. At Robinette Legal Group, PLLC, our attorneys perform the following essential tasks:
Investigate the Cause of Death
We begin every wrongful death case with a comprehensive investigation to uncover exactly what happened and who is legally responsible. This process involves collecting police reports, medical records, workplace safety documentation, and photographic or video evidence from the scene.
We will interview eyewitnesses, consult with forensic and industry-specific experts, and review the relevant internal company policies or procedures that may have contributed to the fatal event. We aim to build a clear, compelling picture of the circumstances that led to your loved one’s death so we can hold all negligent parties fully accountable under the law.
Fighting Insurance Companies
One of the most challenging aspects of any wrongful death claim is dealing with insurance companies. Although these companies often present themselves as compassionate and cooperative, their primary goal is to minimize their financial liability. In wrongful death cases, where damages can easily reach hundreds of thousands or even millions of dollars, insurers may use various tactics to reduce, delay, or deny legitimate claims.
For example, insurers may reach out soon after a fatal accident with what appears to be a generous settlement. In reality, this offer is rarely close to the full value of the claim and is designed to resolve the case before you can speak to an attorney or uncover the true costs of your loss.
Luckily, Jeff Robinette’s past work representing insurance companies gives you a unique advantage. He understands how claims are evaluated, how decisions are made behind closed doors, and what evidence makes insurers take a case seriously. This knowledge allows our firm to anticipate insurance company strategies, prepare counterarguments in advance, and apply pressure where it’s most effective.
Determine the Full Value of Your Case
Wrongful death claims are complex because they involve not only tangible financial losses but also profound emotional and personal impacts that are harder to quantify. We conduct a thorough analysis of both economic damages and non-economic damages. We may consult economists, actuaries, and grief counselors when necessary to ensure that every aspect of your family’s loss is fully evaluated and supported with evidence.
Pursue Litigation When Necessary
Although many wrongful death claims are resolved through settlement negotiations, not every insurance company or defendant is willing to offer fair compensation without a legal battle. We are prepared to file a lawsuit and take your case to trial when this happens. Our legal team will develop a trial-ready case from day one, ensuring we’re always in a strong position. If litigation becomes necessary, we pursue it decisively and present your story effectively.
Peace of Mind
Losing a loved one is overwhelming, and the legal process that follows can feel like a second burden. At Robinette Legal Group, PLLC, we are committed to providing more than just legal representation and peace of mind during the grieving process. From the moment you contact us, you’ll have a team working tirelessly on your behalf, so you don’t have to carry the legal stress alone.
Contact a Morgantown Wrongful Death Lawyer Now
The loss of a loved one due to negligence is a tragedy that demands accountability. At Robinette Legal Group, PLLC, our Morgantown wrongful death attorneys are committed to helping families seek justice and rebuild their lives. We will take time to explain your options, answer your questions, and ensure you understand every development as we pursue compensation through a wrongful death claim. Call us today at (304) 594-1800 for a free, no-obligation case evaluation.
West Virginia Wrongful Death FAQs
Who can file a wrongful death claim in West Virginia?
Under West Virginia Code § 55-7-6, a wrongful death claim is filed by the personal representative of the deceased person’s estate, not by family members individually. The representative is usually named in the will, or appointed through the county probate office if there is no will. Any compensation recovered is then distributed to the surviving family, including the spouse, children, parents, siblings, and anyone who depended on the deceased financially. A West Virginia wrongful death lawyer can handle the appointment and filing so the family does not have to navigate probate during a difficult time.
How long do I have to file a wrongful death lawsuit in West Virginia?
In most cases, two years from the date of death. West Virginia Code § 55-7-6(d) sets this deadline, and missing it usually means losing the right to recover entirely. A small number of situations can affect the timing, so it is worth speaking with a West Virginia wrongful death attorney as soon as possible to confirm the deadline that applies to your family.
What compensation can a West Virginia wrongful death attorney recover?
West Virginia law allows recovery for the family’s sorrow, mental anguish, and loss of the companionship and guidance of their loved one, along with the income and services the deceased would have provided, medical and hospital expenses tied to the fatal injury, and reasonable funeral costs. In cases involving reckless or intentional conduct, additional punitive damages may be available. Because much of this value is not a simple bill total, an experienced attorney works with economists and other experts to document the full loss.
Is there a limit on wrongful death compensation in West Virginia?
For most West Virginia wrongful death claims there is no cap on the damages a jury can award. The main exception is medical malpractice, where state law places a separate limit on non-economic damages, and punitive damages are subject to their own statutory limit. Whether any limit applies depends on the type of case, which is one reason it helps to have a West Virginia wrongful death lawyer review the specific facts.
Who receives the money in a West Virginia wrongful death settlement?
The compensation is distributed among the surviving family the statute recognizes: the spouse and children, including adopted children and stepchildren, as well as parents, siblings, and anyone financially dependent on the deceased. When families disagree about how a recovery should be divided, the court can decide the proportions. Having an attorney manage the distribution helps avoid disputes and keeps the process fair.
What is the difference between a wrongful death claim and a criminal case?
A criminal case is brought by the state to punish wrongdoing, and a conviction does not put money in the family’s hands. A wrongful death claim is a separate civil action the family pursues to recover compensation for their loss. The two can proceed independently: a family can win a civil wrongful death claim even if no one is criminally charged, because the civil standard of proof is lower.
How much does it cost to hire a Morgantown wrongful death lawyer?
Robinette Legal Group handles wrongful death cases on a contingency fee basis, which means there is no fee unless the firm recovers compensation for your family. The initial case evaluation is free. This lets families pursue a claim without paying anything up front during an already overwhelming time.
The insurance company already offered a settlement. Do I still need a lawyer?
It is wise to speak with an attorney before accepting any offer. Insurers often reach out quickly after a fatal accident with a settlement that looks generous but rarely reflects the full, long-term value of the loss. Once an offer is accepted, the claim is usually closed for good. A West Virginia wrongful death attorney can value the claim properly before anything is signed.
What kinds of accidents lead to wrongful death claims in West Virginia?
Many arise from West Virginia’s heavy industries and roads: coal mining explosions and cave-ins, oil and gas rig accidents, pipeline explosions, logging and timbering accidents, and fatal truck and car collisions. Others involve toxic chemical exposure, defective products, construction site accidents, and medical errors. If a death was preventable and caused by someone else’s negligence, the family generally has the right to pursue a claim.
Robinette Legal Group, PLLC – Morgantown Office Location
211 Everhart Dr Ste 200,
Morgantown, WV 26508,
United States
Contact Number – (304) 403-7504
Call us today to find out how we can help you.
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