West Virginia Wrongful Death Lawyers Pursue Justice for the Preventable Loss of Your Loved One
A law firm that fights for your rights in a wrongful death case
Angotti & Straface, L.C. in Morgantown helps West Virginia families pursue justice when the negligence or intentional wrongdoing of another causes the death of a loved one. While nothing can bring back the person you love, you can seek compensation for your loss from those responsible.
Wrongful death is caused by the wrongful act, neglect or default of another person or a corporation. If the person had not died and would have had grounds to bring an action to recover damages, the responsible person or corporation is liable.
Someone injured in a truck accident, for example, may sustain catastrophic harm and eventually pass. A fatal injury can result from any motor vehicle crash. In 2011, nearly 2,700 people were fatally injured in the United States in accidents involving large trucks, with 337 fatalities in West Virginia involving motor vehicles.
Who can bring a wrongful death suit?
In West Virginia, the deceased’s personal representative can pursue a wrongful death suit. The court or the jury distributes the damages to the surviving spouse, children, including adopted children and stepchildren, siblings and other individuals who depended on the deceased for financial support. If there are no survivors, damages are distributed according to the will. If there is no will, the state determines the distribution.
You must be an appointed personal representative to bring a claim. If you were appointed in another state or territory, however, you must post bond. A personal representative need not be a blood-related family member. According to the West Virginia statute of limitations for wrongful death, the personal representative must file a claim within two years of the death of the loved one.
What damages can be awarded in a wrongful death suit?
Damages in a wrongful death suit include:
- Mental anguish
- Loss of society, companionship, comfort and guidance
- Loss of income
- Loss of protection, care and assistance
- Expenses for care, treatment and hospitalization
- Reasonable funeral expenses
A wrongful death attorney from our firm can work personally with you to seek justice for your loved one’s fatal accident with a wrongful death claim.
Contact us now and learn your options for a wrongful death suit
Angotti & Straface, L.C., located in downtown Morgantown, helps West Virginia families find peace of mind through the legal system. We hold those who caused the death of your loved one through neglect or wrongful doing liable for their actions. Call us now at 304-212-7368 or use our online contact form to make an appointment. We offer flexible hours. Spanish translation services are available upon request.