Beckley Wrongful Death Lawyer

Beckley Wrongful Death Attorney

When a tragic accident claims the life of a loved one, the grief and devastation in the aftermath can be profoundly difficult. When the loss is due to the negligence of another person, the emotional consequences can be even more traumatic, especially when financial hardship compounds your loss.

A Beckley wrongful death lawyer can help provide legal counsel for those affected by such a loss. Wooton, Davis, Hussell & Johnson, PLLC, we understand how difficult it can be to face the challenging circumstances around your loved one’s death. With over 130 years of experience, we have a strong reputation for assisting families seeking compensation for wrongful death claims in Beckley and throughout Raleigh County.

Wrongful Death Claims in West Virginia

Similar to personal injury claims, a wrongful death case applies when a decedent was injured in an accident or event that would have potentially resulted in a personal injury claim. Wrongful death cases in Beckley are generally heard at the Raleigh County Judicial Center, located at 222 Main Street.

For example, if a cyclist or a pedestrian is injured by a drunk driver, and later succumbs to their injuries, the decedent’s legal representative has recourse to pursue litigation against the other party in the accident. The decedent’s estate receives financial compensation, which can then be distributed to their beneficiaries.

Each year, over 200,000 people die due to unexpected, accidental causes, impacting their families for decades to come. It’s important to know your rights if someone you loved died due to another party’s negligence.

Examples of Wrongful Death

Wrongful death claims often originate from fatalities such as:

• Swimming pool drowning deaths
• Auto accidents
• Medical malpractice
• Faulty equipment in the workplace or other workplace negligence
• Pedestrian and bicycle accidents
• Slips and falls
• Criminal attacks

These incidents usually occur in a sudden, unexpected way, leaving family members to deal with the traumatic aftermath of their loved one’s passing. The mental anguish and loss of companionship can take a heavy toll on the family’s well-being. Wrongful death claims exist to help families mourn and heal and to relieve some of the financial burden surviving loved ones often face after a distressing loss.

Compensation in Wrongful Death Cases

Damages typically awarded to the decedent’s estate in wrongful death cases can include:

• Monetary compensation for medical bills incurred due to the accident.
• Funeral and burial costs
• Loss of wages the decedent would have earned
• Compensation for lost or damaged property due to the accident

Other compensation can include damages for intangible and emotional losses, such as grief and mental anguish, loss of companionship, and loss of parental guidance.

Wrongful death claims are subject to West Virginia’s statute of limitations and must be filed within two years of the decedent’s death.

If you believe you have grounds for a wrongful death claim in Beckley, it’s advisable to speak to a qualified attorney with experience in wrongful death cases to determine your legal recourse. Understanding your rights is the first step in pursuing a claim.

Why You Should Hire a Wrongful Death Lawyer

Legal concerns may not be top-of-mind after the death of a loved one. However, time is of the essence. It’s important to take legal action within the period of time granted by West Virginia’s Code in order to increase the chances of a favorable settlement, especially in medical malpractice cases, which often carry stricter provisions.

When you hire a wrongful death lawyer, you get personalized legal counsel about the laws concerning your situation, tailor the legal strategy to the kind of accidental death your loved one suffered, and are informed of the compensation you are entitled to.

Your loved one would want you to move forward with your life without undue hardship. At Wooton, Davis, Hussell & Johnson, PLLC, we approach each case with compassion and attention to detail, collect important evidence, and advocate aggressively in litigation to help you receive fair compensation and justice following your loved one’s death.

FAQs

How Much Do Lawyers Charge for a Wrongful Death Case in Beckley?

Attorney fees for wrongful death claims in Beckley vary according to the nature of the case and the final settlement. Fees are generally determined on a contingency basis, which means attorneys do not collect payment until a decision on the claim is reached, at which time they receive a percentage of the total settlement.

What Is the Wrongful Death Statute in West Virginia?

In West Virginia, wrongful death claims are governed by WV Code §55-7-6, which states that claims shall be brought by the decedent’s personal representative, who is usually a spouse or the decedent’s next-of-kin, or an attorney of their choosing. The claim must be presented within 2 years or less of the decedent’s date of death.

What Is the Success Rate of Wrongful Death Claims in Beckley?

The likelihood of winning a wrongful death claim in Beckley depends on several factors, including the evidence the plaintiff presents, the circumstances around the death, and the ability to prove negligence. Hiring a qualified attorney helps in wrongful death cases because a legal team with knowledge of West Virginia’s complex legal codes can create a compelling case that satisfies the court’s requirements for burden of proof.

What Is the Average Amount for Wrongful Death Case Settlements in Beckley?

Wrongful death settlement amounts in Beckley vary and are determined by the circumstances around the decedent’s death, the financial burden created by their passing, the cost of living, and the degree of negligence. The amount of compensation also depends on whether the case is settled outside the courtroom or if it goes before a jury. Most wrongful death cases are negotiated in private hearings ahead of time.

Contact Wooton, Davis, Hussell & Johnson, PLLC, for a Free Consultation

If your loved one died due to another party’s negligence, we know how difficult it can be to process your emotions and grief. You deserve fair compensation for your loss. Given the time limits on when such claims must be filed, don’t wait. Contact us to schedule your free initial consultation today.