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 exists. Although the personal representative files the lawsuit, the claim is brought for the benefit of the deceased’s heirs. This ensures the lawsuit represents the interests of the family, rather than one individual.
Beneficiaries Who Can Recover Compensation
While only the personal representative may file the claim, several categories of beneficiaries may be entitled to compensation under West Virginia Code §55-7-6. These include:
- Surviving spouse
- Children, including adopted children and stepchildren who were financially dependent
- Parents and siblings of the deceased
- Other family members who were financially dependent on the deceased
- Any other person who can prove financial dependence on the deceased
The court distributes damages in a manner it finds fair and equitable, depending on the relationship to the deceased and the extent of financial and emotional loss.
Types of Damages Available in West Virginia Wrongful Death Claims
A wrongful death lawsuit seeks to compensate surviving family members for both financial and emotional losses. Potential damages include:
- Funeral and burial expenses
- Medical bills related to the deceased’s final illness or injury
- Lost income and benefits the deceased would have provided
- Loss of companionship, care, and guidance
- Pain and suffering of the deceased prior to death
- Emotional suffering of surviving family members
- Punitive damages when the death was caused by reckless or intentional conduct
The goal is to ease the financial burden on the family while holding negligent parties accountable.
The Statute of Limitations for Filing
West Virginia law generally requires a wrongful death lawsuit to be filed within two years of the date of death. If the personal representative fails to bring the claim within this time, the right to recover compensation may be lost. Courts strictly enforce this deadline, which makes it essential for families to act quickly after a wrongful death.
Proving Wrongful Death in West Virginia
For a wrongful death lawsuit to succeed, the personal representative must show that the death was caused by negligence, wrongful conduct, or default. This requires proving the four elements of negligence:
- Duty: The defendant owed a legal duty of care to the deceased.
- Breach: The defendant breached that duty through negligence or misconduct.
- Causation: The breach directly caused the death.
- Damages: The death resulted in measurable losses for the beneficiaries.
Evidence may include medical records, accident reports, expert testimony, and witness statements.
Why Families Benefit from Hiring a Wrongful Death Lawyer
Navigating a wrongful death claim without legal representation can be overwhelming. A skilled Charleston, West Virginia wrongful death lawyer helps families by:
- Filing the lawsuit on behalf of the personal representative
- Gathering evidence to prove negligence
- Working with experts to support the claim
- Negotiating with insurance companies for fair compensation
- Presenting the case in court if necessary
- Ensuring the claim is filed within the statute of limitation
By having an experienced attorney manage the case, families can have the peace of mind that their rights are fully protected.
