Understanding Wrongful Death Under West Virginia Law
Wrongful death in West Virginia is defined as a death that occurs due to the wrongful act, neglect, or default of another. This legal definition means that if an individual loses their life as a result of someone else's negligence, misconduct, or intentional actions, the surviving family members or the estate of the deceased may have the right to file a wrongful death lawsuit. This type of claim seeks compensation for the survivors' loss, covering aspects like funeral expenses, lost wages, loss of companionship, and emotional distress.
Identifying Grounds for a Wrongful Death Case from a Car Accident
Determining whether you have grounds for a wrongful death case involving a car accident fatality involves several considerations. Primarily, evidence must be presented that the accident was caused by another party's negligent or reckless behavior.
This could include:
- Driving under the influence of alcohol or drugs
- Speeding
- Distracted driving
- Failing to adhere to traffic laws
Additionally, it must be shown that this negligence directly led to the fatal accident and resulted in measurable damages to the deceased's estate and surviving family members. Consulting with a knowledgeable attorney specializing in wrongful death cases in West Virginia can provide guidance and help assess the validity of your claim.
Statute of Limitations for Wrongful Death Cases in West Virginia
Generally speaking, the statute of limitations for filing a wrongful death lawsuit is within two years from the date of the deceased's death. Failure to initiate legal proceedings within this period typically results in losing the right to seek compensation through the court system.
Are you worried that the statute of limitations may have run out for your case? Review our blog to learn what to do if this happens.
There may be other limitations, such as in medical malpractice cases or if you are filing a claim against a municipality or other governmental agency. To understand how the statute of limitations may impact your case, we encourage you to schedule a consultation with one of our experienced attorneys.
Who Can File a Wrongful Death Claim in West Virginia?
Under West Virginia law, wrongful death claims must be filed by the personal representative of the deceased's estate. This personal representative can be named in the deceased's will or estate plan. If there is no will or the deceased did not appoint a personal representative, the court may appoint one.
The personal representative acts on behalf of the estate and the eligible surviving beneficiaries, who might include the deceased individual's:
- Spouse
- Children
- Parents
- Siblings
The compensation recovered from a wrongful death lawsuit is distributed among these beneficiaries according to West Virginia's laws of intestacy or the terms of the will, if applicable.
Review our blog here to learn more about who can file a wrongful death claim in WV.
Do You Need an Attorney to File a Wrongful Death Claim?
While you are not required to have an attorney, if you plan to file a wrongful death claim, you are encouraged to consult with one to understand how the statute of limitations and other legal provisions may apply to your specific situation. Additionally, a seasoned attorney, like ours at Katz Kantor Stonestreet & Buckner, PLLC, can help you learn your rights as a beneficiary and guide you in how to proceed with a lawsuit if you decide it is in your best interests.
Contact us online to schedule a consultation with one of our qualified attorneys.