Charleston, WV
Wrongful Death Lawyer
It’s heartbreaking to lose a spouse, a parent, a child, or a family member in an accident caused by another’s negligence. Surviving loved ones are often left with significant financial burdens on top of the unimaginable heartache.
If you recently lost a loved one, you are probably experiencing the grief and uncertainty that accompanies an unexpected loss. The additional step of pursuing a wrongful death lawsuit for damages can seem like more than you can take on. Fortunately, you don’t have to shoulder that burden alone.
At Warner Law Offices PLLC, our Charleston-based personal injury lawyers are committed to doing everything possible to support your family. We can build and present the strongest case to help you hold the person responsible for your loved one’s death.
We handle wrongful death cases statewide across West Virginia and other states, including Colorado, Kentucky, and many others.
Get the legal help you deserve. Start by arranging a free consultation with one of our West Virginia wrongful death attorneys. Call (304) 345-6789 or contact us online today.
- How Warner Law Offices Can Help You After a Wrongful Death
- Our Approach to Wrongful Death Cases
- What is Considered a Wrongful Death in West Virginia?
- Types of Wrongful Death Cases
- Do I Need an Attorney for a Wrongful Death Claim?
- What does it cost to hire a wrongful death lawyer?
- Who Can File a Wrongful Death Claim?
- Who is Eligible to Recover Compensation for a Wrongful Death Claim?
- What is the Statute of Limitations for Wrongful Death Claims in West Virginia?
- What Kind of Compensation Can You Get for a Wrongful Death Lawsuit?
- Get Help Pursuing the Wrongful Death Compensation You Deserve
How Warner Law Offices Can Help You After a Wrongful Death
We are here to assist you with all legal aspects of the wrongful death of a family member. We can:
- Ensure vital evidence is preserved
- Evaluate whether you have grounds for bringing a wrongful death case.
- Investigate the accident to determine who was at fault, which parties might be liable, and which insurance coverage might be involved.
- Appoint a personal representative to handle the administration of the estate.
- File a wrongful death lawsuit in West Virginia court—or other state courts—against the appropriate parties.
- Use the discovery process to prepare a solid foundation of evidence to support a wrongful death claim.
- Enlist top-notch experts and experts in all the fields necessary to support your case if needed.
- Advocate for your position in settlement discussions.
- Take your case to trial if settlement negotiations prove unfruitful.
To schedule a complimentary consultation with one of our West Virginia truck accident attorneys.
Call (304) 345-6789 or
contact us online today.
Our Approach to Wrongful Death Cases
We are highly sensitive to the human dimension of a wrongful death case. We understand that the pressures of litigation may be the last thing you want to deal with.
Our attorneys can help you find the most comfortable balance for your family. We will keep you informed while respecting your privacy. We will honor the space you may need to cope with your loss. At the same time, we will ensure that you have access to us so that you can always get answers to your questions as they arise.
We take a determined and thorough approach to laying the groundwork for a successful recovery. From day one, we will work hard to gather the right evidence and build a strong case. We always prepare for trial so that we have a strong bargaining position. In many cases, we are able to obtain favorable settlements without the need for litigation.
No matter how your case unfolds, we will work tirelessly to get you the best outcome possible.
What is Considered a Wrongful Death in West Virginia?
West Virginia law recognizes the right of surviving family members to bring wrongful a death claim. They may do so on the same grounds as personal injury cases.
If someone else’s wrongful actions, failure to act, negligence, or recklessness contributed to your loved one’s death, you may have grounds to bring a wrongful death claim on their behalf.
Types of Wrongful Death Cases
Our wrongful death lawyers represent families in fatal motor vehicle accident cases, such as:
- Car accidents
- Motorcycle crashes
- Pedestrian accidents
- Bicycle accidents
- Distracted driving accidents
- Drunk driving accidents
- Trucking accidents
- Boating accidents
- Recreational vehicle accidents
We also handle wrongful death cases arising from accidents, such as:
- Coal mining disasters
- Oil and gas disasters
- Industrial accidents
- Construction accidents
- Logging accidents
- Medical Malpractice
Do I Need an Attorney for a Wrongful Death Claim?
Technically no, but unless you have substantial legal training, it’s unwise to pursue a wrongful death claim alone.
Wrongful death lawsuits are often extremely complicated—more so than other personal injury claims. The amount at stake is typically much higher. You could irreversibly damage your chances of getting a successful recovery by trying to handle your case without legal help.
You have nothing to lose and everything to gain by hiring a knowledgeable wrongful death attorney.
What does it cost to hire a wrongful death lawyer?
At Warner Law Offices, there is never an upfront expense to our clients in wrongful death claims. We only collect our attorney fees if we successfully recover compensation for you through settlement or trial.
We carry all expenses of the lawsuit at our own risk up to that point. Our fees are a set percentage of the recovery plus expenses.
This approach makes it easier for surviving family members to seek justice without taking on financial risk.
Who Can File a Wrongful Death Claim?
In West Virginia, only the appointed personal representative of the deceased victim’s estate can file a wrongful death claim.
Who is Eligible to Recover Compensation for a Wrongful Death Claim?
Under West Virginia law, the following surviving beneficiaries are eligible for compensation:
- Spouses
- Children, stepchildren, and adopted children
- Siblings
- Parents
- Anyone else who was financially dependent on the victim
The judge or jury will decide how the compensation gets distributed amongst those who are eligible to receive compensation. If there is a settlement, an agreement can be reached between the surviving beneficiaries as well.
What is the Statute of Limitations for Wrongful Death Claims in West Virginia?
The deadline for bringing wrongful death claims in West Virginia is generally two years from the date of death. This time limit is called the statute of limitations.
While that may seem like a long time, preparing a wrongful death lawsuit takes time. Two years can go by faster than you think.
Additionally, the evidence may be more difficult to obtain if you wait too long. That’s why we encourage prospective clients to contact us right away so that we can get started building a strong case for them and preserve vital evidence.
What Kind of Compensation Can You Get for a Wrongful Death Lawsuit?
When filing a wrongful death claim in West Virginia, you can seek compensation for the following:
- Pain and suffering
- Medical expenses incurred before your loved one’s death
- Funeral and burial expenses
- Loss of companionship, protection, and care
- Lost wages and financial support
- Mental anguish
You can also seek punitive damages of up to $500,000 if the negligent party acted maliciously or with reckless disregard for human life. Punitive damages are meant to punish the wrongdoer and discourage others from engaging in similar behaviors.
Get Help Pursuing the Wrongful Death Compensation You Deserve
The untimely loss of a loved one is a nightmare nobody should have to endure. If your loved one died because of someone else’s negligence, the award-winning lawyers at Warner Law Offices can help you fight for the compensation and justice your family deserves.
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