Losing a loved one is one of life’s most painful experiences, especially when that loss could have been prevented. If a business’s negligence or misconduct contributed to your family member’s death, you may be asking: Can I hold them legally accountable?
In West Virginia, the answer is yes. Under state law, surviving family members may have the right to file a wrongful death lawsuit against a business whose actions or inactions led to a fatal accident. At Angotti & Straface Attorneys at Law L.C., we’ve been helping families seek justice since 1952. With decades of trial experience, we understand the emotional toll these cases take, and we’re here to pursue the answers and accountability you deserve.
What Is a Wrongful Death Claim in West Virginia?
Under West Virginia law, a wrongful death occurs when a person dies as a result of someone else’s wrongful act, negligence, or failure to act, including actions taken by a business or corporation. The lawsuit is typically filed by the personal representative (executor or administrator) of the deceased person’s estate. If compensation is recovered, it is distributed to the surviving family members. This may include a spouse, children (whether biological, adopted, or stepchildren), and in some cases, parents, siblings, or other dependent relatives.
When Can a Business Be Held Liable?
A business can be sued for wrongful death when its negligence, recklessness, or failure to act results in someone’s death. Common examples include:
• Workplace Accidents –
If an employer or third-party contractor fails to provide a safe work environment or violates OSHA safety standards, and a fatal incident occurs, there may be grounds for a wrongful death claim. In some cases, this may go beyond workers’ compensation.
• Defective Products –
Companies that design, manufacture, or sell unsafe products can be held liable if those products cause a fatal injury. These cases fall under the umbrella of product liability laws.
• Negligent Security –
If a fatal crime occurs on a business’s property, such as in a store, hotel, or parking lot, and it could have been prevented with adequate lighting, cameras, or trained personnel, the business may be responsible for failing to protect patrons.
• Medical Malpractice or Nursing Home Neglect –
Hospitals, clinics, and long-term care facilities may face wrongful death claims if substandard care, errors, or neglect result in a patient’s death. These complex cases often require medical expert testimony.
• Commercial Vehicle Crashes –
If an employee causes a fatal accident while driving a company vehicle, the business may be held liable under the legal doctrine of vicarious liability, which holds employers responsible for the actions of their employees while on the job.
What Compensation Can Be Recovered?
No financial amount can replace a loved one, but a wrongful death lawsuit can help ease the financial and emotional burden. Depending on the case, damages may include:
• Funeral and burial costs.
• Medical bills related to the fatal injury or illness.
• Loss of income, benefits, and household support.
• Loss of companionship, guidance, and care.
• Mental anguish and emotional suffering.
• Punitive damages, if gross negligence or willful misconduct is proven.
Why Legal Experience Matters
Wrongful death cases involving businesses are rarely simple. Corporations often have legal teams and insurance adjusters working aggressively to minimize their liability and protect their bottom line. Successfully pursuing these cases requires thorough investigation, careful collection of evidence, and the ability to work with expert witnesses in areas such as safety, medicine, or engineering. It also involves reviewing corporate policies, safety protocols, internal documents, surveillance footage, and communication records, along with a firm grasp of West Virginia’s liability laws. At Angotti & Straface, we’re trial-proven attorneys with the experience, skill, and resources to take on even the most powerful companies- and win.
Don’t Wait-We’re Here to Help You Take the Next Step
Wrongful death cases are deeply emotional and legally complex, and they’re also time sensitive. In West Virginia, most wrongful death lawsuits must be filed within two years of the date of death. Waiting too long can jeopardize your ability to pursue justice, as crucial evidence, such as surveillance footage, maintenance logs, or internal communications, may be lost or destroyed over time.
If you believe a business’s negligence played a role in your loved one’s death, don’t face it alone. At Angotti & Straface Attorneys at Law L.C., we’re here to help you carry the legal burden with compassion, strength, and integrity. Contact us today for a free, confidential consultation. We’ll take the time to listen, explain your legal options, and fight for the accountability and closure your family deserves.
Angotti & Straface Attorneys at Law L.C.
274 Spruce Street, Morgantown, WV 26505
(304) 292-4381
The Law Firm You Can Trust- Since 1952
Proudly Serving Monongalia, Marion, Taylor, Preston, Harrison, Barbour, and Randolph Counties Since 1952