If out-of-state death, do I file claim in WV?

Miley Legal Group

The city of Clarksburg is relatively close to Maryland and Pennsylvania, so residents might travel to other states rather often. If a person was in another state at the time of a wrongful death, you would usually file the claim in the state where the death occurred.

So in the event of an out-of-state death in Pennsylvania, the family must generally file the claim based on Pennsylvania laws because the death occurred in that state.

However, there are exceptions to this rule that may allow a family filing a wrongful death claim to file in a state other than the one where the death occurred.

When might I be able to file a claim in a state other than where it occurred?

You may also file a claim in the state where the defendant resides. For example, if your loved one – a West Virginia resident – was riding in a vehicle driven by a friend – also a West Virginia resident – who caused the fatal accident in Pennsylvania, you may file a claim in West Virginia because the defendant is a resident of the state.

So while in most cases the defendant will reside in the state where the death occurred, that’s not always the case as evidenced by the example described above. This can be rather confusing for families still grieving a loved one’s death, so speak with a lawyer about your legal options to recover damages from the responsible party.

Get Help from an Attorney at Miley Legal Group

Talk with an attorney at the Miley Legal Group in Clarksburg about the venue where you must file a wrongful death claim following a loved one’s out-of-state death. Call us at (304) 931-4088 or contact us online to set up a free consultation with an attorney.