Successful. Convenient. Friendly.

  1. Home
  2.  » 
  3. Personal Injury
  4.  » Wrongful Death

West Virginia Wrongful Death Lawyer

After a fatal accident caused by another person, the surviving family members have the right to file a wrongful death lawsuit. The purpose of a wrongful death lawsuit is to provide financial compensation to those family members who were financially dependent on the deceased. A wrongful death settlement or verdict will compensate for funeral expenses, replace lost income after the death of the family’s wage earner, and make financial restitution for the family members’ loss of the deceased person’s companionship.

Wrongful death lawsuits are officially filed by the deceased person’s estate. The settlement or verdict is distributed to the closest surviving relatives. The judge assigned to the case determines the proportion distributed. Relatives who are eligible to receive funds from a wrongful death lawsuit include minor children, adult children who were financially dependent on the deceased, spouses, common law spouses and parents.

Our Experience in Wrongful Death Suits in WV

Over our 30-year history, the attorneys at the Peyton Law Firm, P.L.L.C., have tried and settled more than 100 wrongful death lawsuits in West Virginia and southern Ohio. Our law firm has a long-established presence in West Virginia, and we have recovered millions of dollars for our clients in wrongful death lawsuits.

A wrongful death lawsuit can arise out of any type of fatal accident, including a car accident, a railroad accident, a workplace accident or a drowning. Wrongful death lawsuits may also be brought when a person is killed by conditions such as mesothelioma resulting from exposure to toxic substances or defective products.

How Is A Wrongful Death Defined?

A wrongful death is when someone loses their life due to another person’s negligent, reckless or unlawful actions. Many wrongful deaths are the result of motor vehicle accidents, slip-and-fall accidents, accidents with defective products and animal attacks. When these deadly events take place, family members need to have a trusted West Virginia wrongful death lawyer on their side.

Who Has The Legal Ability To File A Wrongful Death Claim In West Virginia?

The executor or personal representative of the deceased’s estate is required to bring the wrongful death claim, and will usually do so with the help of a wrongful death attorney. Any compensation received will go to the victim’s survivors according to certain distribution rules.

An experienced West Virginia wrongful death lawyer can help you understand the process.

Is There A Statute Of Limitations In West Virginia?

Anyone who wishes to file a wrongful death claim in Nitro or Charleston needs to act within two years of the victim’s date of death. Early contact with a West Virginia wrongful death lawyer is wise.

What Compensation Is Available After A Wrongful Death?

When you work with a wrongful death attorney here in Nitro or Charleston, you can consider all potential compensation. Each case is unique, but examples include:

  • Loss of consortium: This means that a person’s relationship has been lost due to the death and the intangible benefits it brings.
  • Lost income: This is especially important when the deceased was the main breadwinner for the family.
  • Medical bills: This may include long-term medical costs, along with emergency services.
  • Funeral and burial expenses: A funeral can lead to unexpected bills for thousands of dollars.

These are just a few examples, and it is important to carefully consider all potential compensation and the steps needed to secure it after a wrongful death.

Contact The Peyton Law Firm, P.L.L.C., For A Free Consultation

We offer complimentary, no-pressure consultations for families with questions about wrongful death lawsuits. To make an appointment with one of our attorneys, call 800-681-9555 or send us an email.