Losing someone you love because another person’s carelessness is a pain no family should carry. When that happens in Morgantown, you may have the right to hold the responsible party accountable through a wrongful death claim.
A wrongful death lawyer can handle the legal side of things so you can focus on your family. At Manchin Injury Law Group, you are a name, not a case number, and we can meet you at our Morgantown office, your home, or the hospital.
Our consultation is free, and you owe no attorney fee unless we recover for you. If you have questions about what comes next, contact us today.
What Is Considered a Wrongful Death in West Virginia?
A wrongful death happens when someone dies because another person or company acted carelessly, recklessly, or on purpose. The legal test is whether the person who died could have filed an injury claim had they survived. If so, the family may be able to bring a wrongful death claim instead.
This is a civil case, separate from any criminal charges. A prosecutor might pursue criminal penalties, but that process does not pay your family for its losses. A wrongful death claim is how families seek financial accountability, and it can move forward even if no one is charged with a crime.
Many different incidents can lead to a wrongful death claim in the Morgantown area, including:
- Car and Truck Crashes: Fatal car crashes and truck collisions on I-79, I-68, and US-19 are among the most common causes of wrongful death claims in North Central West Virginia.
- Motorcycle Accidents: Riders have little protection in a motorcycle crash, and these wrecks often turn deadly.
- Medical Malpractice. A preventable error by a doctor, nurse, or hospital can cost a patient their life.
- Workplace and Industrial Incidents. West Virginia’s mining, oil, and gas industries carry real risks, and some on-the-job deaths involve a third party beyond workers’ compensation.
- Nursing Home Neglect. When a care facility fails an older adult, the results can be fatal.
If your loved one died in a Morgantown car accident, a truck crash, or because of medical negligence, an experienced attorney can help you understand whether you have a claim.
Who Can File a Wrongful Death Claim?
In West Virginia, the personal representative of the deceased person’s estate files the wrongful death claim. That representative brings the case on behalf of the surviving family, not for themselves alone.
If your loved one named an executor in a will, that person usually serves as the personal representative. If there was no will, a family member can ask the court to appoint one, often through probate at the Monongalia County Courthouse on High Street. A surviving spouse, adult child, or parent commonly steps into this role.
Even though one person files, the recovery is meant for the people closest to the person who died, including a surviving spouse, children, parents, siblings, and others who depended on the deceased. We can explain who qualifies in your family’s situation and handle the paperwork from start to finish.
How to File a Wrongful Death Claim in West Virginia
Every case is different, but most Morgantown wrongful death claims follow a similar path:
- Preserve the evidence. Police reports, medical records, photographs, and witness accounts all help show what happened and who is responsible.
- Open the estate. Before a claim can be filed, the court appoints a personal representative, usually through probate in Monongalia County.
- Identify the responsible parties. Sometimes more than one person or company shares fault, and a thorough investigation looks at every source of accountability.
- File within the deadline. West Virginia sets a firm time limit, so the claim must be filed before it expires.
We can manage these steps for you, from the first investigation through settlement talks or, if needed, a trial. If an insurance company refuses to treat your family fairly, we are prepared to go to court. When you are ready to talk, reach out for a free consultation.
West Virginia’s Wrongful Death Statute of Limitations
In most cases, you have two years from the date of your loved one’s death to file a wrongful death claim in West Virginia, under W. Va. Code §55-7-6. This deadline runs from the date of death, not the date of the accident, which matters when someone is injured in a crash and passes away later.
Some situations change the timeline. When a death results from malpractice in a nursing home, assisted living facility, or skilled nursing setting, a shorter one-year deadline can apply, and cases involving a government agency follow different procedural rules. Because missing the deadline can end a claim before it begins, it is smart to talk with an attorney early.
Damages Available in a Morgantown Wrongful Death Case
West Virginia law lets families recover both financial and personal losses after a wrongful death. The goal is to account for what your family has lost, both the dollars and the harder-to-measure absence of someone you loved. Recoverable damages can include:
- Sorrow and Loss of Companionship: The grief, lost guidance, and missing comfort and society of your loved one.
- Lost Income and Support: The wages, benefits, and household services the person would have provided.
- Medical Expenses: Costs for care and hospitalization connected to the final injury or illness.
- Funeral and Burial Costs: The reasonable expenses of laying your loved one to rest.
A wrongful death claim is different from a survival action. A survival action covers what your loved one went through before passing, such as their own pain and medical bills, while a wrongful death claim focuses on the family’s losses.
Depending on the facts, your family may be able to pursue both. You may be entitled to compensation, and we can help you understand what your claim could include.
How Manchin Injury Law Group Helps Grieving Families
For decades, our firm has stood with injured West Virginians and their families across North Central West Virginia. We are rooted here, and we treat clients like family. You work directly with your attorney, not a call center, and we return your calls.
We understand how insurance companies evaluate and challenge high-value claims, and we are not afraid to push back when an offer falls short. When insurers lowball families, we are ready to take the case to trial. Our goal is to ease your burden, answer your questions in plain language, and fight for the money your family deserves.
What to Ask During Your First Consultation
A first meeting with a wrongful death attorney should leave you feeling more informed, not more overwhelmed. There is no cost and no obligation, so come with your questions.
A few questions worth asking include:
- Do we have a valid claim? Ask the attorney to walk through how the facts of your loss fit West Virginia law.
- What is the deadline in our case? Confirm exactly how much time you have to file.
- How does payment work? Ask how fees are handled so there are no surprises.
- Who will handle my case? Find out whether you will work directly with your attorney.
At Manchin Injury Law Group, the consultation is free, and we are glad to come to you if traveling is hard right now.
Frequently Asked Questions
What is considered a wrongful death in West Virginia?
A wrongful death is a death caused by another party’s negligent, reckless, or intentional act that would have allowed the injured person to file a claim had they lived. Common examples include fatal crashes, medical malpractice, and workplace incidents. The claim is civil and separate from any criminal case.
Who can file a wrongful death lawsuit in Morgantown?
The personal representative of the deceased person’s estate files the lawsuit on behalf of the surviving family. This person is named in a will or appointed by the court, often through probate in Monongalia County. Any recovery is distributed to eligible family members.
How long do I have to file a wrongful death claim in West Virginia?
In most cases you have two years from the date of death, under W. Va. Code §55-7-6. A shorter one-year deadline can apply to certain malpractice claims involving nursing or skilled-care facilities, and government cases follow separate rules. Acting early helps protect your rights.
What damages can my family recover?
Families can recover for sorrow and loss of companionship, lost income and support, medical bills tied to the final injury, and funeral and burial costs. The exact amount depends on the facts of your case.
How is a wrongful death settlement divided among family members?
If a case goes to a jury, the jury may direct how the award is split. Most cases settle first, and a judge then holds a hearing where beneficiaries can be heard before deciding a fair distribution.
How is a wrongful death claim different from a survival action?
A wrongful death claim compensates the family for its losses, such as lost support and companionship. A survival action recovers for what the deceased experienced before death, including their own pain and medical bills. Depending on the circumstances, a family may pursue both.
How much does it cost to hire a wrongful death lawyer?
Manchin Injury Law Group handles wrongful death cases on a contingency fee. That means you owe no attorney fee unless we recover for your family, and our initial consultations are always free.
Talk With a Morgantown Wrongful Death Lawyer Today
Nothing can undo the loss of someone you love, but you do not have to face the legal side alone. The personal injury lawyers at Manchin Injury Law Group can investigate what happened, deal with the insurance companies, and pursue the accountability your family deserves. We treat every client like family, and we can meet you at our Morgantown office, your home, or the hospital.
Call us today at (304) 944-9022 for a free consultation, or contact us online. You don’t pay us anything unless we recover money for you. Get More with Manchin.
