Lewisburg Wrongful Death Lawyer

Lewisburg Wrongful Death Attorney

If you’ve lost a loved one due to another person’s wrongful actions, it can compound your grief, and the devastating consequences of their negligence can create substantial financial losses. While the thought of pursuing legal action may seem daunting, it’s crucial to speak to a Lewisburg wrongful death lawyer as soon as possible who can pursue fair compensation.

At Wooton, Davis, Hussell & Johnson, PLLC, we have over a century of combined experience advocating for grieving families in Lewisburg and beyond, helping them to find justice and closure after a wrongful death. We’re here to listen with compassion while building a convincing case that addresses the full scope of your losses.

Under West Virginia law, you have the right to seek compensation for your loved one’s death. We’re here to help you seek justice and recover financially, so you can focus on grieving the person you loved.

Wrongful Death Claims in West Virginia

Like personal injury claims, a wrongful death claim establishes negligence when a decedent dies because of someone else’s actions. If the accident or medical malpractice claim would have resulted in a personal injury claim if the victim survived, then it is usually eligible for a wrongful death claim.

Usually, the decedent’s personal representative is the closest living relative and the person eligible to bring a wrongful death case before the courts. Most wrongful death cases in Lewisburg are heard at the circuit court in the jurisdiction where the decedent died.

The process for filing a claim begins when the personal representative files paperwork with the appropriate circuit court within the two-year time limit outlined in the West Virginia Code. When you hire a wrongful death lawyer, we can help the personal representative with all filings and build evidence to prove the other party’s negligence, which is vital in wrongful death cases.

Examples of Wrongful Death

Any number of accidents or acts of negligence can result in wrongful death, including:

• Slip and fall accidents
• Automobile accidents, including drunk driving accidents
• Medical malpractice
• Swimming pool drownings
• Product malfunctions
• Criminal attacks
• Workplace accidents

Wrongful deaths are much more common than most people realize. In West Virginia, over 58% of deaths in 2023 were due to accidents, impacting thousands of families. When a loved one dies under suspicion of negligence, it’s crucial to keep records and evidence and consult with an attorney knowledgeable in wrongful death law. You may be surprised by the sum of damages you may be eligible to receive on your loved one’s behalf.

Establishing Liability in Wrongful Death Cases

Just as with personal injury cases, the plaintiff in a wrongful death case must provide sufficient evidence to the courts to establish a higher percentage of negligence under West Virginia’s modified comparative fault statute. Medical records, witness statements, expert testimony, insurance statements, and police reports can all help contribute to the proof required by the courts.

Compensation for Wrongful Death

Compensation for wrongful death cases takes the form of damages for medical bills, lost wages, and loss of income due to the decedent’s death, funeral and burial costs, pain and suffering, mental anguish, loss of companionship, and other intangible hardships.

These damages can be significant, helping to relieve the financial strain created by sudden, unexpected death. Many people are unaware that they have a valid claim until they speak to an attorney.

Hire a Wrongful Death Lawyer

It’s difficult to face the loss of a loved one, no matter the circumstances. Severe, unexpected loss due to wrongful death can change your life forever, creating consequences you could not have anticipated. The law provides for compensation in wrongful death cases, and no one should feel burdened by the financial aspects of grief due to another person’s negligence.

Working with a wrongful death attorney from Wooton, Davis, Hussell & Johnson, PLLC, puts the confidence on your side to navigate the complexities of these contentious and emotionally charged claims. Our team focuses on pursuing compensation you may be entitled to, while you can focus on grieving the unexpected loss you and your family have suffered.

FAQs

How Much Do Lawyers Charge for a Wrongful Death Case?

For personal injury and wrongful death cases, attorneys work on a contingency basis, meaning they only collect compensation if their client receives a settlement. Your attorney will review the details of your case and offer representation if your claim is valid. If you win, the law firm will receive a percentage of your net settlement. The rest will go to the decedent’s estate.

What Is the Wrongful Death Statute in West Virginia?

West Virginia Statute 55-7-6 outlines the framework for wrongful death cases, including the statute of limitations, which states that the decedent’s personal representative must file the claim with the appropriate circuit within two years of the decedent’s death. The statute also outlines the provisions for compensation, including economic and non-economic damages.

What Are the Odds of Winning a Wrongful Death Claim?

The chances of winning a wrongful death case depend on several factors, but the most important element in these cases is proof of negligence. The evidence the plaintiff brings to the courts must sufficiently prove negligence on the part of the defendant. A qualified wrongful death lawyer can provide guidance and help you build a compelling case.

What Is the Maximum Payout for Wrongful Death?

While West Virginia caps the non-economic payout amount for medical malpractice at $250,000, several levels of compensation in wrongful death cases are dependent upon factors such as funeral and burial costs, lost wages, and other economic damages that can be calculated and added to the overall settlement. Your attorney can advise you on the scope of damages you can expect from a settlement.

Contact Our Lewisburg Wrongful Death Lawyer

At Wooton, Davis, Hussell & Johnson, PLLC, we’re here to listen with compassion about all the details of your case. Under West Virginia’s statutes, families are often entitled to compensation after the wrongful death of a loved one. For wrongful death cases, we work on a contingency basis, which means we don’t get paid unless you receive a settlement. Contact us today to schedule your free, initial consultation.