Pursuing Justice on Your Behalf
Wrongful Death

Charleston Wrongful Death Lawyer

We Are Backed by 75+ Years of Combined Experience

If you have lost a family member or loved one as a result of the misconduct, irresponsible actions, or negligence of others, you should not hesitate to obtain legal counsel right away. 

You may have many different questions about whether or not you can file a wrongful death claim. We are here to help you with these questions and assist you with creating a plan of action.

We truly care about getting you through the claims process and protecting your family's future and your rights. Many insurance companies will try to offer you a settlement in order to avoid going to court and paying you what you deserve. 

That is exactly what we want to help you avoid. Whether you are the spouse of the victim or a child, you may be able to file a wrongful death lawsuit.

Wrongful Death Claims in Charleston

Wrongful death claims are civil actions by which a person may be held liable if their negligent actions caused the death of another person. 

These claims are similar to personal injury claims, but because they cannot be brought forward by the now-deceased victim, they must follow slightly different rules with a few key differences.

These suits are civil lawsuits, and may still be filed even if the death was caused by criminal actions and is subject to a criminal case.

In Charleston, WV Code §55-7-6 outlines who can file a wrongful death claim, the types of damages you can recover, and the timing in which a claim may be placed.

West Virginia Wrongful Death Statute of Limitations

According to WV Code §55-7-6(D), a person must file a wrongful death claim within two years of the death of the deceased person. This means it's extremely important to seek legal counsel from a wrongful death attorney as quickly as possible in order to help your family recover the damages they deserve.

Who Can Sue for Wrongful Death in West Virginia?

According to West Virginia law, a very small group of people can actually bring a wrongful death claim to a court, but a much broader number of surviving family members can receive a share of any awarded damages.

 In order to file, you must be considered to be a “representative of the estate.” This most often means the spouse and children, however, it could also include parents, siblings or stepchildren.

Family members who are eligible to receive compensation include:

  • A surviving spouse
  • Children, including stepchildren and adopted children
  • Parents
  • Siblings
  • Any family members of the deceased who were financially-dependent on them at the time of death

What Damages Can the Estate Pursue?

A wrongful death suit can potentially secure financial compensation for a number of issues that arise after a death. The most obvious damages are sorrow and mental anguish, which often includes loss of companionship, comfort, guidance kindly offices, advice, and even society.

There are many other damages that can also be pursued depending on the nature of the death, including:

  • Medical bills
  • Treatments
  • Funeral and burial expenses
  • Lost wages and benefits
  • Lost or damaged property

Contact our Charleston wrongful death lawyers today to get the advice that you're going to need.


Contact Berthold Law Firm, PLLC Today

For the Experience Necessary to Pursue Justice on Your Behalf
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