Wrongful Death Lawsuit in West Virginia | Wrongful Death Lawyer Help

Miley Legal Group

To file a wrongful death lawsuit in the state of West Virginia you will need to prove that the negligence or malice of another person resulted in the death of your loved one.

Considering the complexities of this type of lawsuit, it should be filed with the help of a wrongful death lawyer by the administrator of the deceased person’s estate or affairs. This is often called a power of attorney or personal representative.

A West Virginia wrongful death lawsuit can be filed against individuals or companies whose negligence led to the death of a person.

The types of accidents that could be eligible for a suit include the following:

  • slip and fall accidents;
  • accidents on the job site;
  • automobile or motorcycle accidents;
  • defective product accidents; and
  • any other type of accident that could have been reasonably prevented.

To establish a case of wrongful death you and your lawyer will need to gather information and evidence to prove the negligence of the person you are suing. It is important to make sure you obtain the following:

  • police reports;
  • medical records;
  • eyewitness statements;
  • photographs;
  • video; and
  • other types of information that could be pertinent or support your wrongful death lawsuit.

There are limitations that only allow certain people to file a wrongful death claim. In addition to filing restrictions, only certain people may collect compensation as a result of a wrongful death lawsuit including:

  • surviving child or children;
  • surviving spouse;
  • immediate family and/or
  • legal dependents.

Any of these people may be able to collect 3 different types of damages in their pursuit: 

  • economic damages are often losses that can easily be calculated such as medical bills, funeral expenses, and income;
  • non-economic damages are losses that are often less tangible, such as pain and suffering; and
  • punitive damages are often awarded as a form of punishment towards the defendant.

You should also be aware of the statute of limitations that limits how long you have to file the claim after your loved one’s death. Under West Virginia law, you have 2 years to file for wrongful death upon the time the death occurred. If you miss this deadline, you may not be able to take further action.