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In West Virginia, only the personal representative of the deceased’s estate can file a wrongful death lawsuit, but multiple family members and dependents may recover compensation. The Personal Representative Files the Claim The personal representative of the deceased person’s estate may be named in the deceased’s will or appointed by the court if no will…

West Virginia law allows surviving family members to file wrongful death lawsuits when a loved one dies due to another party’s negligence or wrongful act. While these cases can lead to significant compensation, defendants (at-fault parties) frequently use legal defenses to avoid or reduce liability. Knowing these common defenses helps families prepare stronger claims and…

Medical malpractice can have life-altering consequences for patients and their families. Navigating the complexities of these cases can be daunting, but understanding your rights is crucial.  At Tiano O’Dell, PLLC, we strive to educate and empower those who believe they have been victims of medical negligence and malpractice, helping them take appropriate action and find…

Most people have heard of wrongful death cases, but they may not quite understand what they are and what their purpose is. Wrongful death cases can arise anytime a person loses their life due to the careless or negligent actions of another individual, company, or entity. Wrongful death laws in West Virginia allow surviving family…

A stillbirth is a terrible tragedy that is traumatic for the mother, father, and other family members. While some stillbirths are unavoidable, others result from the negligence or incompetence of a healthcare professional during pregnancy, labor, or childbirth. Contact a West Virginia birth injury attorney immediately if the physicians could not give you a clear…

There is perhaps nothing more tragic than the sudden, preventable death of a loved one. If your loved one has died due to the negligence of another person or entity, the at-fault party is responsible for compensating you for damages, which can include: Medical bills. Lost future wages. Pain and suffering. Loss of consortium. Mental…

It can be excruciatingly painful to lose a loved one, especially if his or her death was caused by negligence and should have been prevented. In West Virginia, the families of wrongful death victims can take two different types of legal action in order to secure compensation for their devastating losses and in order to…