Morgantown Wrongful Death Lawyer

Unwavering Advocacy for Families 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 over 40 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!

What Causes Wrongful Death Accidents?

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.

What is the Statute of Limitations for a Wrongful Death Claim 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. 

What Damages Can Be Recovered in a Wrongful Death Claim?

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.

Contact The Moore Law Firm today to schedule a FREE consultation with our wrongful death lawyer in Morgantown!