Losing a loved one because of another person’s carelessness leaves lasting grief and unanswered questions. When that loss occurs through negligence, families often want justice and accountability.

A West Virginia wrongful death attorney at Robinette Legal Group, PLLC, can help you take action through a civil claim that holds the responsible party financially liable. With experienced legal representation, you can pursue compensation to help rebuild your family’s financial stability and honor your loved one’s memory.

Our firm offers free consultations to help you understand your legal options and determine the best path forward.

Schedule a free case evaluation

Key Takeaways: Wrongful Death Claims in WV

Wrongful death occurs when someone’s negligence or wrongful act causes another person’s death.
Only certain family members or a court-appointed representative can file a wrongful death lawsuit in West Virginia.
Damages may include medical costs, funeral expenses, lost income, and loss of companionship.
Most cases resolve through settlements, though some proceed to trial if the responsible party refuses fair payment.
Families generally have two years from the date of death to file a wrongful death claim under West Virginia law.

What Is Wrongful Death Under West Virginia Law?

A wrongful death claim allows a deceased person’s family or estate to seek compensation when another party’s actions cause their death. West Virginia law defines who can file the claim, the elements that must be proven, and what damages are recoverable.

Legal Definition of Wrongful Death in West Virginia

Under West Virginia Code §55-7-5, a wrongful death occurs when one person’s wrongful act, neglect, or default leads to another’s death, and the deceased could have filed a personal injury lawsuit if they had survived. In plain terms, it means the death resulted from someone’s negligence or misconduct, such as a car crash, unsafe property condition, or medical mistake.

Elements Required to Prove a Wrongful Death Claim

To succeed in a wrongful death case, you need an attorney to show:

Duty of care: The at-fault party had a legal duty to act responsibly to avoid causing harm.
Breach of duty: That duty was violated through careless or reckless conduct.
Causation: The breach directly caused the death.
Damages: The surviving family or estate suffered measurable financial and emotional losses.

Difference Between Wrongful Death and Survival Actions

While a wrongful death claim compensates family members for their losses, a survival action allows the estate to recover damages the deceased could have claimed if they had survived, such as medical bills or pain and suffering before death. Both types of claims may proceed together to account for the full impact of the loss.

Who Can File a Wrongful Death Lawsuit in West Virginia?

Not every family member can bring a wrongful death claim. West Virginia law designates a personal representative to act on behalf of the deceased’s estate.

Eligible Parties Under West Virginia Code §55-7-6

Typically, the personal representative files the lawsuit, but the following family members may receive compensation:

Spouse: The surviving husband or wife.
Children: Biological or adopted children, including stepchildren in some cases.
Parents and siblings: If there’s no surviving spouse or child.
Dependents: Anyone financially dependent on the deceased at the time of death.

Role of the Personal Representative

The personal representative handles all aspects of the claim, including hiring an attorney, filing the lawsuit, negotiating settlements, and ensuring proceeds are properly distributed. This person is often named in the will or appointed by the court.

What Happens When There Is No Will or Estate

When no will exists, the court appoints a representative, often a close family member. That individual serves as the legal party to pursue the claim and distribute any proceeds to eligible beneficiaries according to state law.

What Are Common Causes of Wrongful Death in West Virginia?

Families in West Virginia bring wrongful death claims when a fatality results from the careless or wrongful actions of others. Identifying the most frequent causes helps you see how claims arise and what kind of evidence your case may require. Below are common types of incidents that lead to wrongful death lawsuits.

Car Accidents

Passenger car crashes often lead to death when drivers speed, run red lights, drive while distracted, or fail to yield. In these claims, investigators examine skid marks, vehicle damage, and witness statements to show how negligence caused the fatal crash.

Truck Accidents

Commercial trucks carry heavier loads and require more stopping distance. Trucking firms may cut corners on maintenance, driver schedules, or training. Because of the scale and damage potential, wrongful death claims after truck accidents often involve multiple responsible parties, from the driver to the trucking company and load broker.

Motorcycle Accidents

Motorcycles offer little protection in a collision. When a car driver fails to see a motorcycle or misjudges its speed, the rider may sustain fatal injuries. Helmet laws, road conditions, and vehicle visibility also factor into these cases.

Pedestrian Accidents

When drivers fail to yield, run crosswalks, or drive in areas with foot traffic, pedestrians may suffer fatal injuries. Wrongful death claims often require detailed scene analysis, including lighting, signage, and driver behavior at the moment of impact.

Bicycle Accidents

Bicyclists share the road with motor vehicles and are highly vulnerable. A motorist’s failure to respect bicycle lanes, distracted driving, or unsafe passing can lead to a catastrophic collision. Proving negligence may involve evidence from traffic cameras, witness testimony, and expert reconstructions.

Construction Accidents

Construction sites pose numerous hazards: falling objects, unsafe scaffolding, machinery accidents, inadequate safety equipment, and collapse risks. When construction firms or site managers neglect safety rules, fatal injuries may result, and wrongful death claims may name multiple parties including contractors, subcontractors, and property owners.

If you believe your loved one died because of one of these causes, the path forward begins with gathering evidence. Our attorneys can help you examine the cause, identify responsible parties, and build a case to hold them accountable.

What Damages Can Be Recovered in a West Virginia Wrongful Death Case?

Financial recovery in wrongful death cases seeks to replace the measurable losses caused by the death and provide support for surviving family members.

Economic Damages Available to Beneficiaries

These include costs that can be quantified, such as:

Medical expenses: Bills related to the final illness or injury.
Lost income: Wages or benefits the deceased would have earned.
Property damage: Costs related to the accident or incident.

Non-Economic Damages for Loss of Companionship and Support

Families may seek compensation for the loss of love, care, guidance, and emotional support that the deceased provided. These damages recognize the human impact of the loss.

Funeral and Burial Expenses

Reasonable costs for funeral services, cremation, or burial can be included in the claim to reduce the financial strain on grieving families.

Loss of Future Earnings and Benefits

When the deceased was a household provider, the loss of future income, retirement benefits, and insurance coverage can have long-term effects. Economic experts often help estimate these amounts.

Punitive Damages in Cases of Gross Negligence

If the conduct that caused the death was reckless or malicious, a court may award punitive damages to punish the wrongdoer and discourage similar behavior in the future.

How Long Do I Have to File a Wrongful Death Claim in West Virginia?

Under state law, wrongful death claims must be filed within two years of the date of death. Filing after this period usually results in dismissal, regardless of the claim’s validity.

Exceptions to the Standard Filing Deadline

Certain circumstances may extend the deadline, such as when the responsible party conceals their involvement or when a minor beneficiary is involved. However, such exceptions are rare and require legal evaluation.

Why Acting Quickly Protects Your Rights

Acting soon after the loss helps preserve evidence, secure witness statements, and prevent insurance companies from minimizing responsibility. The earlier the case begins, the stronger the evidence tends to be.

What Is the Process for Filing a Wrongful Death Lawsuit?

A wrongful death claim follows several structured steps, from investigation through resolution. Each stage builds the foundation for a strong legal case.

Initial Investigation and Evidence Gathering

Attorneys gather police reports, witness statements, medical records, and accident reconstruction data. This evidence establishes how the death occurred and who’s at fault.

Filing the Complaint in West Virginia Circuit Court

Once evidence supports the claim, the personal representative files a formal complaint outlining the allegations and damages sought. The defendant must respond within a specified time.

Discovery Phase and Depositions

Both sides exchange documents and conduct depositions, where witnesses and parties give sworn testimony. This phase clarifies disputed facts and may lead to settlement discussions.

Settlement Negotiations vs. Going to Trial

Many wrongful death cases resolve through negotiated settlements. When the responsible party refuses to offer a fair resolution, the case may proceed to trial, allowing a jury to decide the outcome.

Distribution of Wrongful Death Proceeds

After resolution, the court oversees how funds are divided among beneficiaries, considering financial dependence, relationship, and emotional loss. This ensures equitable distribution.

How Our Attorneys Can Help

At Robinette Legal Group, PLLC, we understand that wrongful death claims involve more than legal paperwork. Families need guidance, communication, and compassion. Our attorneys handle every aspect of the case while keeping you informed.

Comprehensive Case Evaluation and Legal Guidance

We assess every detail of the accident or incident, explain your legal rights, and outline practical steps to pursue your claim. This initial evaluation helps identify potential defendants and available insurance coverage.

Thorough Investigation and Expert Witnesses

Our team works with investigators, accident reconstruction specialists, and financial experts to document negligence and calculate losses. This detailed preparation strengthens your case and supports your claim for damages.

Negotiating Maximum Compensation

Insurance companies often attempt to undervalue wrongful death claims. We advocate for fair compensation based on documented evidence, pushing back against unreasonable settlement offers.

Trial Representation When Necessary

If the at-fault party refuses accountability, our personal injury attorneys are prepared to present your case in court. We develop persuasive arguments and present evidence clearly to support your family’s claim for justice.

Compassionate Support During a Difficult Time

Throughout the process, we remain available to answer your questions and help you make informed decisions. Our goal is to ease your legal burden while you focus on your family and healing.

Frequently Asked Questions About WV Wrongful Death Claims

Can I file a wrongful death claim if my loved one was partially at fault?

Yes. West Virginia follows a modified comparative fault rule. You can recover damages if your loved one was less than 50 percent responsible, but the award may be reduced according to their percentage of fault.

Are wrongful death settlements taxable in West Virginia?

Generally, wrongful death settlements aren’t taxed as income under federal or state law, but exceptions exist if part of the settlement covers punitive damages or interest.

What if the person responsible for the death has no insurance?

If the at-fault party lacks insurance, compensation might come from other sources, such as uninsured motorist coverage, multiple defendants, or property owners with liability coverage.

Can I still file a claim if the criminal case against the defendant is pending?

Yes. Civil and criminal cases proceed independently. You don’t need to wait for a criminal conviction to file a wrongful death claim, and civil cases often involve a lower burden of proof.

How is the wrongful death settlement divided among beneficiaries?

Courts distribute proceeds according to each beneficiary’s relationship to the deceased, financial dependence, and emotional loss. The personal representative proposes a distribution plan, which the court must approve.

Contact Our Wrongful Death Lawyers in WV Now

Families in West Virginia who’ve lost loved ones because of negligence deserve a law firm that listens and acts. Robinette Legal Group, PLLC, provides personal attention and committed advocacy to help you pursue justice through a wrongful death claim. Time limits apply, so prompt action helps protect your legal rights.

Call (304) 594-1800 to schedule your free consultation with a West Virginia wrongful death attorney today. Our team stands ready to guide you through each step of the process and help your family seek accountability and fair financial recovery.