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Filing a Wrongful Death Claim in West Virginia

June 1, 2021

The death of a loved one is difficult. Even more difficult is when the death is a result of someone else’s carelessness. In those instances, West Virginia law recognizes that a claim may be brought to recover damages for wrongful death. To do this, you’ll need an experienced injury lawyer. 

After the death of a loved one, a family member must be appointed by the county probate office as the representative of the estate. This is sometimes accomplished through your loved one’s last will and testament, or by a simple order from the county commission.  

Your loved one’s estate may bring a lawsuit and recover money damages for your loved one’s loss of income, medical expenses, and your emotional damages for the loss.  These damages can include: 

  • medical expenses related to the decedent’s illness or injury prior to his or death 
  • funeral and burial expenses 
  • lost earnings and benefits 
  • compensation for future lost earnings and benefits 
  • the deceased pain and suffering, and 
  • compensation for lost or damaged property. 

Family members who may receive compensation in a wrongful death case in West Virginia include: 

  • the surviving spouse 
  • the children, stepchildren, and adopted children 
  • parents and siblings, and 
  • any family members who were financially dependent on the deceased person when the death occurred. 

In West Virginia, there is a two year statute of limitation to bring a lawsuit after your loved one dies.  It is important to hire an experienced injury lawyer to investigate and pursue your case. 

The dedicated injury lawyers at Salango Law, PLLC will investigate your claim at no charge. Please call (304) 342-0512 today for a free consultation. Salango Law, PLLC serves Charleston, Beckley, Clarksburg, Huntington, Morgantown, and all of West Virginia.