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Has Your Family Suffered a Loss Due to Someone Else's Negligence?

As a trusted West Virginia wrongful death lawyer, we are here to provide your family with compassionate support and skilled legal representation. Let us help you pursue justice and secure compensation—contact us today for a free consultation.

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Your Wrongful Death Lawyer in West Virginia

Losing a loved one unexpectedly due to someone else’s negligence is one of the hardest experiences a family can face. As your dedicated wrongful death lawyer in West Virginia, Stewart Bell, PLLC, is here to provide the compassionate guidance and skilled legal representation you need during this difficult time. We are committed to helping families seek justice and hold negligent parties accountable, allowing you to secure the compensation that can bring some relief and closure. With decades of experience handling cases in West Virginia, we will stand by your side, advocating for your family’s rights every step of the way.

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Getting Help Is Quick & Easy

We know that dealing with legal matters can be stressful, which is why we’ve made our process as quick and easy as possible. Whether you prefer to contact us by phone or through our online form, we’re ready to listen to you and provide you with the guidance you need to move forward.

Bringing Justice to Your Case

We’re committed to fighting for justice for our clients. Our team of experienced attorneys will work tirelessly to build a strong case so that your voice is heard. We’ll stand by your side every step of the way and fight for the outcome you deserve.

Only Pay If We Win

Everyone should have access to quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis, which means that you only pay us if we win your case. You have nothing to lose and everything to gain by working with our team of dedicated attorneys!

What Is Considered a Wrongful Death?

Wrongful death occurs when someone’s negligence or wrongful act results in another person’s death. In West Virginia, wrongful death claims can be filed if the death results from an act that could have led to a personal injury claim if the person had survived. West Virginia law defines wrongful death and allows eligible family members to seek compensation for the harm and suffering caused by the death.

Leading Causes of Wrongful Death

In West Virginia, some of the most common causes of wrongful death include:

  • Motor Vehicle Accidents: Car accidents, truck accidents, motorcycle crashes, and pedestrian accidents are among the leading causes of wrongful death in West Virginia. Driver negligence, such as distracted driving, speeding, impaired driving, and failure to follow traffic laws, often contributes to these tragic losses.
  • Nursing Home Abuse and Neglect: Tragically, some wrongful deaths occur in nursing homes due to neglect or abuse by caregivers. When nursing home staff fail to provide adequate care, leading to issues such as malnutrition, dehydration, untreated infections, or fatal injuries from falls, families may have grounds for a wrongful death claim. West Virginia law holds nursing homes accountable for failing to ensure the safety and well-being of their residents.
  • Medical Malpractice: When a healthcare provider’s negligence results in a patient’s death, it may qualify as wrongful death due to medical malpractice. Common cases include surgical errors, misdiagnosis, delayed diagnosis, birth injuries, and medication errors. West Virginia law allows families to seek compensation when healthcare providers fail to meet standard care.
  • Workplace Accidents: Fatal accidents can occur in various workplaces, particularly in high-risk industries like construction, mining, and manufacturing. Workplace fatalities may result from equipment failures, insufficient safety protocols, falls, or exposure to hazardous substances. In cases where a third party’s negligence contributed to the accident, families may have a wrongful death claim in addition to workers’ compensation benefits.
  • Defective Products: Product manufacturers have a duty to ensure that their products are safe for consumers. When defective products, such as faulty machinery, dangerous pharmaceuticals, or defective automotive parts, lead to fatalities, the manufacturer or distributor may be held liable under product liability laws.
  • Criminal Acts: Homicide and other intentional acts of violence that lead to someone’s death can be grounds for a wrongful death lawsuit. Even if criminal charges are pursued, the deceased’s family may also file a wrongful death claim to seek civil damages.

Compensation in West Virginia Wrongful Death Cases

Under West Virginia law, families who lose a loved one due to wrongful death may be entitled to various forms of compensation. These damages are designed to help alleviate the financial burden, emotional suffering, and potential future hardships that can result from a tragic loss. Compensation is generally divided into 3 main categories:

Economic damages are intended to cover the tangible financial losses associated with the death. These are often quantifiable expenses that can directly impact the family’s financial well-being. Economic damages for wrongful death claims may include:

  • Medical Expenses: Any medical costs incurred from the time of the injury or illness leading to the person’s death, such as emergency treatment, hospital bills, and other healthcare-related expenses.
  • Funeral and Burial Costs: Reasonable expenses for the deceased’s funeral and burial are also compensable. These costs can be substantial, and recovering them can help relieve the financial burden on the family.
  • Lost Earnings and Benefits: This includes the income that the deceased would have earned if they had continued working. It often covers both past lost wages from the time of injury to death and the projected future income the deceased would have provided to their family.
  • Loss of Inheritance: If the deceased would have continued to accumulate wealth or assets over their lifetime, the family may seek compensation for the inheritance that would have been passed down.

Economic damages provide necessary financial support for the family’s future and help them manage ongoing expenses after their loved one’s untimely death.

Non-economic damages address the intangible, personal losses experienced by the surviving family members. Although these damages can be challenging to quantify, they reflect the significant emotional and psychological toll of losing a loved one. Common non-economic damages include:

  • Loss of Companionship and Guidance: Spouses, children, and other close family members may be compensated for the loss of the deceased’s companionship, guidance, and support. This includes the emotional, psychological, and social impact of losing a loved one.
  • Emotional Pain and Suffering: The surviving family members may also seek damages for the profound grief, sorrow, and mental anguish they experience as a result of their loved one’s death. This compensation aims to provide some solace for the emotional trauma caused by their loss.
  • Loss of Consortium: In cases where a spouse or partner loses their loved one, they may be entitled to compensation for the loss of marital benefits, affection, and emotional support.

Non-economic damages play a critical role in acknowledging the emotional loss experienced by family members, even though it may be harder to assign a dollar value to these damages.

Punitive damages are awarded in cases where the wrongful death was caused by particularly egregious or reckless conduct. Unlike economic and non-economic damages, which are intended to compensate the family for their losses, punitive damages are meant to punish the wrongdoer and serve as a deterrent against similar misconduct. In West Virginia, punitive damages may apply in cases involving:

  • Extreme Negligence or Recklessness: If the defendant’s actions demonstrate a blatant disregard for safety—such as in cases of severe medical malpractice, drunk driving accidents, or corporate negligence—punitive damages may be pursued to hold the defendant accountable.
  • Intentional Misconduct: When a wrongful death is the result of intentional harm, such as assault or other criminal acts, punitive damages may be awarded to further penalize the wrongdoer for their willful behavior.
  • Gross Negligence in Nursing Home Settings: In cases where nursing home abuse or neglect leads to wrongful death, punitive damages may also be pursued to address the severe breach of care standards in the facility.

The goal of punitive damages is not only to punish the at-fault party but also to signal to others that such conduct will not be tolerated under West Virginia law.

At Stewart Bell, PLLC, a West Virginia wrongful death lawyer can work to secure fair compensation for your family’s loss, helping to ensure you receive the justice and financial relief needed during this difficult time. With our guidance, we can navigate complex legal processes, protect your rights, and hold responsible parties accountable, giving your family the support and guidance necessary to move forward.

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Negligence in Wrongful Death Claims

In wrongful death cases, establishing negligence is necessary to hold the responsible party accountable. Negligence occurs when a person or entity fails to act with the level of care that a reasonable person would exercise under similar circumstances. To succeed in a wrongful death claim in West Virginia, the deceased’s family must prove that the defendant’s negligent actions or inactions directly led to the death.

Proving negligence in a wrongful death case typically involves demonstrating 4 key elements:

  • Duty of Care: The first step is to show that the defendant owed the deceased a duty of care. This duty varies depending on the relationship and circumstances—for instance, a doctor has a duty to provide competent medical care, while drivers have a duty to obey traffic laws to prevent harm to others.
  • Breach of Duty: Once duty is established, the next element is to prove that the defendant breached this duty by acting or failing to act in a way that a reasonable person would in a similar situation. Examples of breaches might include distracted driving, failing to maintain safe premises, or providing substandard medical treatment.
  • Causation: The family must then show that the defendant’s breach of duty directly caused the death.
  • Damages: Finally, the family must demonstrate that the wrongful death caused measurable damages, including financial loss, emotional suffering, and other compensable harms.

Establishing negligence requires sufficient evidence, which may include medical records, accident reports, eyewitness statements, expert testimony, and any documentation that helps illustrate how the defendant’s actions directly led to the death. A skilled wrongful death lawyer can handle the complex process of collecting and presenting this evidence, strengthening your family’s case.

Comparative Negligence in West Virginia

West Virginia follows a “modified comparative negligence” rule. Under this rule, if the deceased person was partially at fault for the accident, the compensation awarded to the family might be reduced by their percentage of fault. However, if the deceased’s fault is found to be 50% or more, the family may be barred from recovering damages. An experienced attorney can help demonstrate the responsible party’s negligence and minimize any fault attributed to the deceased.

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Filing a Wrongful Death Claim

Filing a wrongful death claim in West Virginia involves several stages, each designed to seek maximum compensation for your family. This process requires careful preparation and legal support to ensure all necessary steps are completed accurately and within the statute of limitations.

  1. Initial Consultation: During your free initial consultation, a wrongful death attorney from Stewart Bell, PLLC, will discuss the specifics of your case, determine eligibility, and evaluate potential compensation. This initial meeting is also an opportunity for you to ask questions and understand what to expect from the legal process, as we work to build a personalized strategy for your case.
  2. Investigation and Evidence Gathering: Our team conducts a detailed investigation, gathering evidence that establishes negligence and supports the claim. This may include collecting medical records, eyewitness statements, accident reports, and expert testimonies. Thorough evidence gathering allows us to build a strong case that highlights the impact of the wrongful death on your family.
  3. Filing the Claim: Once we have sufficient evidence, we’ll file the wrongful death lawsuit in compliance with West Virginia legal requirements. This step involves drafting and submitting the necessary legal documents to the court, ensuring all claims are accurately presented to represent your family’s losses and hardships.
  4. Negotiation and Settlement Process: Most wrongful death cases resolve through settlements, but we’re prepared to take your case to trial if necessary. During negotiations, we advocate for the maximum possible compensation, negotiating with insurance companies and responsible parties to reach a fair settlement. If an agreement cannot be reached, we are ready to present a compelling case in court to secure justice for your loved one.

Who Can File a Wrongful Death Claim?

In West Virginia, a wrongful death claim can typically be filed by the personal representative of the deceased person’s estate. This individual is often appointed in the deceased’s will or by the court if no will exists. The claim is filed on behalf of surviving family members who are eligible to receive compensation, such as the spouse, children, parents, and, in some cases, siblings or other financially dependent relatives. This ensures that those most affected by the loss have the opportunity to seek justice and financial recovery for the emotional and financial impact of the wrongful death.

What Is the Statute of Limitations For Wrongful Death in West Virginia?

In West Virginia, the deadline for filing a wrongful death claim is 2 years from the date of the deceased person’s death. If a claim is not filed within this period, you may lose your right to pursue compensation. Consulting with a West Virginia wrongful death lawyer as soon as possible can help ensure that all legal deadlines are met and that your family’s rights are fully protected.

Why Hire a West Virginia Wrongful Death Attorney?

Losing a loved one unexpectedly is overwhelming, and pursuing a wrongful death claim on your own can add unnecessary stress. Hiring a wrongful death attorney in West Virginia can ease this burden by helping you navigate the complexities of a wrongful death claim and fight to maximize the compensation available to your family. At Stewart Bell, PLLC, our experienced team is dedicated to guiding you through each step of the legal process, handling every aspect of your case with care and precision. Here’s why working with a knowledgeable attorney can make all the difference:

  • Experience With West Virginia Wrongful Death Law: Wrongful death claims involve specific state statutes and legal standards that require in-depth knowledge to interpret and apply effectively. Our attorneys have the experience needed to build a strong case in compliance with all applicable laws.
  • Comprehensive Evidence Gathering: Proving negligence in a wrongful death case requires thorough investigation and documentation. We collect key evidence, interview witnesses, consult with experts, and create a compelling case to demonstrate liability.
  • Skilled Negotiation: Insurance companies often attempt to minimize payouts in wrongful death cases. Our team negotiates aggressively on your behalf to pursue the maximum compensation, whether through settlement or trial if necessary.
  • Compassionate Support During a Difficult Time: Losing a loved one is emotionally devastating, and dealing with legal matters can add to the burden. Stewart Bell, PLLC, offers compassionate guidance and support, handling the legal complexities so you can focus on healing.

Working with an experienced wrongful death attorney at Stewart Bell, PLLC, ensures that your family’s rights are protected and that justice is pursued with the dedication your loved one deserves. Our firm operates on a contingency fee basis, meaning you pay no upfront fees and only pay if we successfully secure compensation for your case, allowing you to seek justice without added financial stress.

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Our West Virginia Wrongful Death Attorneys

Charleston Personal Injury Lawyer Jeff David Stewart

Attorney Jeff David Stewart

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A photo of Allison Santer standing in her office

Attorney Allison R. Santer

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Katherine H. Arritt

Attorney Katherine H. Arritt

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Personal Injury Lawyer Andrew Paternostro

Attorney Andrew L. Paternostro

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Frequently Asked Questions

You may have a wrongful death claim if your loved one’s death was caused by another party’s negligence or intentional act. Consulting with an attorney can help determine if you have a valid claim based on the specifics of your case.

The length of a wrongful death case varies depending on factors like the complexity of the case, the willingness of the parties to settle, and whether the case goes to trial. Some cases may settle within months, while others could take over a year.

Wrongful death settlements vary widely based on factors such as economic losses, emotional damages, and the circumstances of the case. To get a clearer idea of your case’s potential value, it’s best to speak with a wrongful death attorney.

If your loved one didn’t have a will, a wrongful death claim can still be pursued. The court will appoint a personal representative to file the claim on behalf of eligible family members.

At Stewart Bell, PLLC, we work on a contingency fee basis, meaning there are no upfront costs, and you only pay if we successfully recover compensation for you. This approach allows families to seek justice without financial strain.

Reach Out To a Wrongful Death Lawyer in West Virginia Today

If you have lost a loved one due to someone else’s negligence, you don’t have to navigate the legal process alone. At Stewart Bell, PLLC, our compassionate and experienced wrongful death lawyers in West Virginia are here to support your family. We understand the emotional and financial toll that a wrongful death can have, and we’re committed to holding those responsible accountable. Contact us today for a free consultation to discuss your case and learn how we can help you seek justice for your loved one.

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For more than 30 years, the lawyers of Stewart Bell, PLLC have helped the people and businesses of West Virginia protect their interests and rights. We understand the issues that injured people and their families face after an accident and work quickly to obtain the MAXIMUM amount of compensation for every case we handle.

We have recovered MILLIONS of dollars for clients injured because of nursing home abuse, motor vehicle accidents or medical malpractice.

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