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 improves their chances of success in court.
Most Common Defenses in Wrongful Death Lawsuits
Comparative or Contributory Negligence
Defendants often argue that the deceased person’s own negligence contributed to the fatal accident. For example:
- In a fatal car crash, a defendant may claim the victim ran a red light or was speeding.
- In a workplace accident, they may argue the victim ignored safety protocols.
Many states, including West Virginia, apply comparative negligence laws, which reduce damages proportionally to the victim’s percentage of fault.
Assumption of Risk
This defense applies when the deceased knowingly engaged in an inherently dangerous activity. For instance:
- A defendant may argue that a skydiver accepted the risk of injury or death.
- A medical provider may claim that a patient consented to a risky procedure after being informed of potential complications.
If successful, assumption of risk can reduce or bar a family’s recovery.
Pre-existing Conditions
Defendants may argue that the victim’s death was caused or worsened by an existing medical condition rather than the defendant’s actions. For example, in a malpractice case, a hospital might claim a patient died from a chronic illness unrelated to the alleged negligence.
No Duty of Care
A wrongful death claim requires proving that the defendant owed a legal duty of care to the deceased. A defendant may assert that:
- They had no legal relationship requiring them to protect the victim.
- The fatal incident occurred outside the scope of any duty.
Without establishing duty, a wrongful death lawsuit cannot succeed.
Lack of Causation
Defendants often challenge whether their actions directly caused the death. For example:
- A driver may argue that another vehicle caused the crash.
- A product manufacturer might claim that misuse, not a defect, led to the fatal injury.
Establishing causation is essential for plaintiffs to win damages.
Statute of Limitations
Wrongful death lawsuits must be filed within a specific time limit set by state law. In West Virginia, plaintiffs generally have two years from the date of death to file a claim. Defendants can seek dismissal if a lawsuit is filed after this deadline.
Self-Defense or Defense of Others
In cases involving intentional acts like shootings or assaults, defendants may argue they acted in self-defense or to protect someone else.
Immunity Protections
Certain defendants, such as government agencies or employees, may have immunity from wrongful death lawsuits under specific circumstances. While some claims can proceed under exceptions, immunity often limits recoverable damages or shields defendants entirely.
Why Families Need Strong Legal Representation
An experienced West Virginia wrongful death attorney plays a critical role in every stage of the case:
- Thorough Case Investigation: A skilled personal injury lawyer conducts a comprehensive investigation to uncover every detail of the fatal incident. This includes interviewing witnesses, reviewing police and accident reports, securing surveillance footage, and examining physical evidence. Attorneys also obtain medical records and expert evaluations to strengthen causation arguments.
- Expert Witness Coordination: An attorney has established relationships with experts critical to your case and knows how to present their findings effectively to prove liability and damages.
- Navigating Complex Laws: An attorney ensures compliance with all filing requirements, deadlines, and procedural rules. This prevents technical errors that could jeopardize the claim.
- Maximizing Recoverable Damages: Lawyers present detailed financial analyses to ensure families recover the maximum compensation allowed under West Virginia law.
- Handling Insurance Companies: Attorneys handle all negotiations, protecting families from accepting unfair offers and ensuring settlements reflect the long-term financial impact of their loss.
- Trial Representation: If negotiations fail, a wrongful death attorney prepares the case for trial. Families greatly benefit from having an experienced litigator.
Beyond legal strategy, wrongful death attorneys guide grieving families through one of the most difficult times of their lives. They handle the legal burden, allowing families to focus on healing while knowing their case is in skilled hands.
