West Virginia Wrongful Death Lawyers

Nothing can undo the loss of someone you love. But when a death was caused by someone else's carelessness, such as a drunk driver, a trucking company, an unsafe property or a medical mistake, West Virginia law gives the family the right to hold them accountable. A wrongful death claim can also provide financial security for those left behind.

We will listen first. Then we will explain your family's options, without pressure and without cost.

Free, private consultation · No fee unless we recover money for you*

Call (304) 269-9455  ·  Start My Free Case Review →

Wrongful Death Cases We Handle

  • Fatal car, truck and motorcycle crashes

  • Drunk and impaired driving deaths

  • Pedestrian deaths

  • Workplace and oil and gas field deaths caused by third parties

  • Fatal fires

  • Toxic exposure and other catastrophic injury cases

  • Nursing home neglect

  • Medical malpractice

  • Deaths caused by dangerous products or unsafe property

Who Can Bring a Wrongful Death Claim in West Virginia?

Under West Virginia law, the case is filed by the personal representative of the deceased person's estate. That is usually a spouse, adult child or parent appointed through the county commission. We can help with the appointment. The money recovered goes to the family members the law protects. That can include the surviving spouse, children, parents, brothers and sisters, and people who were financially dependent on the person who died (W. Va. Code § 55-7-6).

What Damages Are Available?

West Virginia law allows recovery for:

  • The family's sorrow, mental anguish and loss of solace, including the loss of companionship, comfort, guidance and advice

  • Lost income and the financial support the person would have provided

  • The services, protection, care and assistance the person provided

  • Medical and hospital expenses from the final injury or illness

  • Reasonable funeral expenses

The Deadline Is Two Years

A wrongful death lawsuit generally must be filed within two years of the date of death (W. Va. Code § 55-7-6). Claims involving medical care have additional pre-suit notice requirements. Evidence such as vehicle data, video and witness memories fades quickly, so it is important to talk with a lawyer early.

Hurt? Don't talk to the insurance company first. Talk to us.

Free consultation. No fee unless we recover money for you.*  Call (304) 269-9455  ·  Start My Free Case Review →

How We Help Families

  • We handle the legal work and the insurance companies so your family can grieve.

  • We investigate exactly what happened and who is responsible.

  • We work with experts to calculate the full value of what your family has lost.

  • We build the case so the other side knows it is ready for court.

  • For cases that need extra resources, we may associate experienced co-counsel, only with your written agreement.

Wrongful Death FAQs

Does there have to be a criminal conviction? No. A wrongful death case is a civil case. It can go forward even if no criminal charges were filed or the person was found not guilty.

What does it cost? Nothing up front. We work on a contingency fee and are paid only if there is a recovery.*

How is the money divided? West Virginia law lets the jury, or the court in a settlement, divide the recovery among the eligible family members.

Talk With Us About Your Loss. The Consultation Is Free and Confidential.

(304) 269-9455 · 702 N. Main Ave., Weston, WV 26452 · Office hours 9 a.m. to 4 p.m.

Call (304) 269-9455  ·  Free Case Review →

*No attorney fee unless we recover money for you. You may be responsible for costs and expenses of the case, as explained in your written fee agreement.