Did a family member die in an accident in Morgantown, WV? If so, you and your family may be entitled to receive compensation for damages. Our Morgantown wrongful death lawyers at Farmer, Cline & Campbell Personal Injury Lawyers, will help you see the money your family needs after the loss of a family member. Call us at (304) 225-5990.
Our personal injury lawyers have over 315 years of combined experience. We have recovered hundreds of millions in damages for our clients. Our Morgantown, West Virginia, legal team includes skilled negotiators and fierce trial lawyers. We protect your best interests throughout every aspect of your case.
Contact our Morgantown wrongful death lawyers to schedule a free consultation to discuss your case.
How Farmer, Cline & Campbell Personal Injury Lawyers Can Help You Recover Compensation for a Wrongful Death in Morgantown
When a person is killed because of another party’s negligence or misconduct, the surviving family members have legal options. They can pursue a wrongful death claim to recover compensation for the damages caused by the sudden death of their loved one. However, recovering fair compensation can be an uphill battle.
When you hire our top-rated Morgantown wrongful death lawyers, we use our considerable resources, skills, and knowledge to get you the compensation you deserve.
As your Morgantown personal injury lawyers, you can expect us to:
- Complete a thorough investigation to determine the cause of your loved one’s death
- Identify all parties who contributed to your family member’s death
- Gather evidence to prove your claim, including working with leading expert witnesses
- Document your damages to calculate how much your wrongful death claim is worth
- File insurance claims and handle all matters with the insurance company
- Defend your loved one against accusations of blame
- Aggressively negotiate a fair settlement for damages
- Take your case to trial if that is the best way to protect your interests
Our award-winning lawyers at Farmer, Cline & Campbell Personal Injury Lawyers have received top ratings and recognition from national legal organizations, including Super Lawyers, The National Trial Lawyers, and Martindale-Hubbel. We are respected within the legal community and by our clients.
If you have questions about a wrongful death claim in Morgantown, West Virginia, contact us for a free case evaluation with a Morgantown wrongful death attorney. We are here to help you as you seek justice for your family.
Overview of Wrongful Death Cases in West Virginia
A wrongful death claim is a civil action filed against the parties who cause the death of another because of negligence, intentional torts, or other wrongful acts.
West Virginia wrongful death laws give the personal representative of the deceased a right to sue if the deceased could have maintained an action for the personal injury had they survived their injuries.
Wrongful death lawsuits arise because of the same reasons people file personal injury lawsuits.
Examples of situations that could give rise to a wrongful death claim include, but are not limited to:
- A motor vehicle accident, including crashes involving cars, trucks, motorcycles, pedestrians, and bicycles
- Intentional torts, including incidents of assault and violent acts
- Dangerous property conditions, including slip and fall accidents
- Coal mining accidents
- Medical malpractice, errors, and mistakes
- Construction and workplace accidents
- Rideshare accidents, including Uber and Lyft accidents
- Exposure to toxic substances
- DUI accidents and accidents caused by drugged driving
- Boating accidents
- Dog bites and animal attacks
- Nursing home abuse and neglect
- Defective products, including medical devices and dangerous drugs
Our Morgantown wrongful death lawyers have extensive experience handling wrongful death claims.
Criminal Charges for Wrongful Death vs. Civil Claims for Damages
The party who caused your loved one’s death may be charged with a crime. If so, the criminal case is separate from a civil action or damages.
The criminal court can impose penalties for a conviction, including jail time and fines. A wrongful death lawsuit can result in a monetary award for the losses and harm caused by a premature death.
You can bring a wrongful death claim regardless of what happens with criminal charges. Even if the person is not charged with a crime or is found innocent, you can still pursue your civil case for wrongful death damages.
Who Can File a Wrongful Death Lawsuit in Morgantown, West Virginia?
The law restricts who can file a wrongful death lawsuit in West Virginia. Instead of a family member, the personal representative of the victim’s probate estate files the wrongful death lawsuit. The lawsuit is filed on behalf of family members.
Family members who receive the damages from a wrongful death claim are:
- The deceased’s surviving spouse
- Surviving children, including adopted children and stepchildren
- The deceased’s parents and siblings
- Other family members who depended on the deceased for financial support
If the deceased did not have any surviving relatives in the above categories, the compensation from a wrongful death lawsuit is distributed according to the victim’s will. If the victim did not have a will, West Virginia intestate laws determine the distribution of the funds.
What Damages Can I Receive for a West Virginia Wrongful Death Case?
The damages for a wrongful death claim differ slightly from those in a personal injury case. Wrongful death damages are intended to compensate the surviving family members for the losses they suffer because of the death.
Examples of the types of damages available in a wrongful death case in West Virginia include:
- Reimbursement for reasonable funeral and burial expenses
- Loss of the deceased’s financial support
- Medical expenses from the date of injury through the date of death
- Loss of companionship, society, and consortium provided by the deceased
- The reasonable value of household services provided by the deceased
- Workers’ compensation benefits in cases involving workplace accidents and injuries
- Loss of the deceased’s care, protection, and assistance
- Sorrow, solace, and mental trauma
Money cannot replace a loved one or ease the grief caused by the loss. However, a monetary award is the only relief the civil court can offer to family members. A monetary award can also help the family provide for their financial needs after the loss of a loved one.
How Much Is My Morgantown Wrongful Death Case Worth?
The value of damages in a wrongful death case depends on the factors involved in the case.
Some factors that impact how much your case is worth include:
- The identity of the surviving family members
- The victim’s earnings before their death
- The deceased’s earning capacity had they not died
- The victim’s age and life expectancy when they died
- The circumstances of the deceased’s death
- The value of the financial losses you incurred, including medical and funeral expenses
- The nature of your family’s trauma and suffering
Putting a value on damages in a wrongful death case can be challenging. Before accepting a settlement offer, talk with our Morgantown wrongful death lawyers to ensure the offer is fair. If you accept the offer without legal advice, you might receive less than your claim is worth.
Can I Recover Damages for a Wrongful Death Claim if My Loved One Is Partly to Blame for the Fatal Accident?
The at-fault party and insurance company may blame your loved one for causing their death. The reason is West Virginia’s modified comparative negligence law. Under comparative negligence, you lose your right to seek compensation for a wrongful death case if your loved one was more than 50% to blame for the incident that caused their death.
If your family member’s level of fault is below 51 percent, you can receive compensation for damages. However, the judge reduces the damages by the level of fault your loved one had for causing their death. For example, if the jury assigns your family member 10% of the blame, the damages award is reduced by 10 percent.
How Much Does It Cost to Hire a Morgantown Wrongful Death Lawyer?
Our Morgantown wrongful death lawyers at Farmer, Cline & Campbell Personal Injury Lawyers, work on a contingency fee basis. You do not pay any money up front to hire our law firm.
Instead, we receive a percentage of the settlement or verdict we recover in your case. Your family does not need to be concerned with how to pay to hire a lawyer to pursue a wrongful death claim.
How Do I Prove Liability for a Wrongful Death Claim in West Virginia?
Most wrongful death lawsuits are based on negligence. Therefore, you must prove that the party who caused your loved one’s death failed to exercise a reasonable level of care and that failure resulted in your loved one’s death.
The legal elements of a negligence claim for wrongful death are:
- A legal duty of care existed between the deceased and at-fault party
- The at-fault party breached their duty of care by failing to exercise reasonable care
- The breach of duty was a proximate and direct cause of the wrongful death
- Your family incurred damages because of the wrongful death
Our experienced Morgantown wrongful death lawyers gather evidence to prove fault and liability for the wrongful death. They are skilled in investigating wrongful death claims to build a solid case for damages.
How Long Do I Have to File a Lawsuit for Wrongful Death in Morgantown, WV?
West Virginia has a two-year statute of limitations for wrongful death lawsuits. The time begins with your loved one’s death, not the accident or injury that ultimately caused their death. If you do not file a lawsuit before the deadline, you lose your right to pursue a court case against the responsible parties.
Schedule a Free Consultation With Our Morgantown Wrongful Death Lawyers
You and your loved one deserve justice from the parties who caused your family member’s death. At Farmer, Cline & Campbell Personal Injury Lawyers, we fight to hold the at-fault parties accountable for their conduct in Morgantown, WV. Contact us to schedule a free case review with one of our Morgantown wrongful death attorneys.