Accidents where someone is killed are one of the most serious cases that a family can possibly deal with. Car accidents, motorcycle accidents, and workplace accidents can cause severe to fatal injuries for parties that are involved. With the rise in distracted drivers that are staring at endless messages, videos and other distractions on a cell phone, our office has seen an uptick in the number of fatal accidents that we handle each year. 

Experienced West Virginia Fatal Accident Lawyer

Our office has represented a number of families that have dealt with the aftermath of a fatal accident. From the moment we are hired until a case is settled, the family of the accident victim should be the priority in these cases. Our firm will work with you to lay out a plan for how to move a case forward. The first step is always hearing the story that happened and identifying how we can help. In most fatal accident cases, we quickly hire experts to examine what happened and to make certain that any evidence can be documented that might still be available. We then send out spoliation letters to involved parties directing them that any destruction of evidence can result in severe sanctions by a court and that a wrongful death case could be filed in the near future. The point of these letters is to attempt to get ahead of what we need in a case and to make sure that everyone is notified of the claim.

What is a Wrongful Death Case?

In West Virginia, there is a specific code section that deals with the filing of a wrongful death case. W. Va. Code Section 55-7-6 sets forth who can file a wrongful death claim, what damages can be recovered, and the statute of limitations for filing the claim.

What type of damages can be recovered in a Fatal West Virginia Accident Case?

The law allows for the recovery of the following:

a) sorrow, mental anguish, and solace which may include society, companionship, comfort, guidance, kindly offices and advice of the decedent;

b) compensation for the reasonably expected loss of income of the decedent as well as the services, protection, care and assistance provided by the decedent;

c) expenses for the care, treatment and hospitalization of the decedent incident to the injury resulting in death; and

d) funeral expenses.

See W. Va. Code § 55-7-6(c)

How long does someone have to file a wrongful death case in West Virginia?

The family of the accident victim have to file a wrongful death case within two years after the death of the person. This is known as a “statute of limitations.” In most cases, our office will open a pre-lawsuit claim with any potential insurance companies and sometimes we are able to resolve a fatal accident case prior to filing suit. However, in almost every case we handle, our office will advise filing a case well within the two-year statute of limitations. 

Set Up a Consultation With a West Virginia Fatal Accident Lawyer Today

Our office offers free consultations to families who are dealing with a fatal accident case. During the initial consultation, we will work to identify at-fault parties and examine any documents or other evidence that the family has recovered that could provide an avenue for recovery in the case. We are a low pressure law firm, meaning we provide as much information that we can to families about how a case proceeds and we will attempt to provide our best advice for whether the family of the fatal WV accident even needs to retain an attorney. Then we outline how we would handle a case and answer any questions a family has so they can make an informed decision on hiring an attorney. We do all of this without charging a fee. 

For more information or to speak to a WV Fatal Accident Lawyer today, call us today at (304) 574-8912.