Morgantown Wrongful Death Lawyer

Fighting For Those Who Have Lost Loved Ones Due to Negligence in West Virginia

The unexpected death of a loved one in an accident is a horrible endeavor that no one should ever 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 in nearly 60 years of practice. We guide you through each step of the process, from qualifying as a representative of the deceased's estate to ultimately resolving the case.

The Moore Law Firm knows that every wrongful death case should be handled based on 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.

Call The Moore Law Firm today at (304) 521-2451 or contact us online to schedule a meeting with our wrongful death attorney in Morgantown!

Common Causes of Wrongful Death

Most wrongful deaths occur in motor vehicle and tractor-trailer accidents. According to the National Highway Traffic Safety Administration, there were 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, workplaces, unsafe property, and defective products.

Statute of Limitations for Wrongful Death Claims in West Virginia

In West Virginia, the statute of limitations for filing a wrongful death claim is generally two years from the date of the individual's death. This means that a legal action seeking compensation for wrongful death must be initiated within two years of the date of death. However, it's essential to understand that there can be exceptions or variations to this general rule depending on the case's specific circumstances.

For example, if the wrongful death was caused by medical malpractice, the statute of limitations may differ. In such cases, the two-year period typically begins when the malpractice was discovered or reasonably should have been discovered rather than from the date of death.

It's crucial to consult with a qualified Morgantown wrongful death attorney to understand the specific statute of limitations that applies to your situation. Failing to file a claim within the prescribed time limit may result in losing your right to seek compensation for the wrongful death.

In addition to timing questions, families often need guidance about who has the authority to bring the claim, how an estate is opened in the Monongalia County courthouse, and what steps are involved in preserving important evidence early in the process. We walk you through these practical issues, coordinate with the local probate court when necessary, and help you avoid procedural missteps that could affect your ability to pursue compensation for a fatal accident in Morgantown or the surrounding communities.

Recoverable Damages in Wrongful Death Claims

West Virginia law allows for recovery of the following 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.

How We Handle Wrongful Death Cases in Monongalia County

When you come to us after a tragic loss, we start by listening closely to your story and answering your immediate questions about what happens next. From there, we gather police reports, medical records, witness statements, and any available photographs or video to begin building a clear picture of what occurred. In many cases, we also work with investigators or appropriate professionals to analyze crash scenes, workplace conditions, or defective products so that we can present a strong and well-supported claim on your behalf.

Throughout the process, we keep you informed about how your case is progressing and what to expect at each stage, whether that involves negotiations with an insurance company or preparing for a hearing in the Circuit Court of Monongalia County in downtown Morgantown. We discuss options with you before important decisions are made, such as whether to accept a settlement offer or continue pursuing the case. By combining our courtroom background with careful case preparation, we aim to put you in the best position to pursue accountability and compensation while treating your family with the respect and compassion you deserve.

Understanding the Emotional and Financial Impact of Wrongful Death

The loss of a loved one due to someone else's negligence is an unimaginable tragedy that can leave families grappling with profound grief and uncertainty. At The Moore Law Firm, PLLC, we understand that the emotional toll of wrongful death can be overwhelming, and it often comes with significant financial burdens. This is why we are committed to guiding you through this challenging time, ensuring you have the support and resources you need.

When a wrongful death occurs, families may face a variety of unexpected expenses, including:

• Funeral and burial costs
• Medical expenses incurred prior to death
• Loss of income and benefits from the deceased
• Emotional distress and loss of companionship
• Potential future earnings of the deceased

Our compassionate team is here to help you understand your rights and the compensation you may be entitled to. We believe that no family should have to navigate this journey alone, and we are dedicated to fighting for justice on your behalf. Let us help you secure the financial support you need to focus on healing and moving forward.

Many families also struggle with the stress of dealing with insurance companies, employers, or other large entities after a wrongful death, especially when they are receiving calls and paperwork while still in mourning. We handle communications with these parties for you, explain what to expect from insurance investigations or potential lawsuits, and keep you updated in plain language so you never feel left in the dark. By shouldering the legal burden, we give you more space to concentrate on your well-being and on honoring your loved one’s memory during this difficult period.

Contact The Moore Law Firm by calling (304) 521-2451 today to schedule a FREE consultation with our wrongful death lawyer in Morgantown!