Wrongful Death

The unexpected death of a loved one in an accident is a horrible endeavor that no one should ever have to go through. If the accident was caused by the actions of another person or company, contacting a dedicated law firm to manage the case will relieve some of the tension from the loss. Our attorneys have handled many wrongful death cases over more than 40 years of practice. We personally guide you through each step of the process, from qualifying as a representative of the estate of the deceased to ultimately resolving the case.

The Moore Law Firm knows that every wrongful death case should be handled based upon the family's needs. We are aware that loved ones need time to adjust to a loss. Therefore, our attorneys find a balance between the gravities of litigation and respecting the needs of family members.

West Virginia law allows for recovery of the following items in a wrongful death case:

  • Medical bills, including expenses for care, treatment, and hospitalization
  • Funeral and burial expenses
  • Loss of companionship and services
  • Loss of income and earning capacity

W. Va. Code § 55-7-6 identifies the individuals who are entitled to be distributed wrongful death proceeds. They include the surviving spouse, children, adopted children, stepchildren, brothers, sisters, parents, and any persons who were financially dependent upon the decedent at the time of his or her death.

The Court must approve a wrongful death settlement. An experienced wrongful death attorney can easily guide you through the process of a wrongful death settlement proceeding.

Most wrongful deaths occur in motor vehicle and tractor trailer accidents. According to the National Highway Traffic Safety Administration, there were a total of 337 traffic incidents involving fatalities in West Virginia in 2011. Most of these fatalities occurred in rural areas. In addition to traffic related wrongful deaths, our firm handles wrongful deaths involving boating accidents, pedestrians, workplace, unsafe property, and defective products.

If a loved one has been killed in an accident, contact The Moore Law Firm to assist you.