Losing a loved one is one of life’s most painful experiences, especially when that loss could have been prevented. In West Virginia, families mourning the sudden death of a loved one due to someone else’s negligence or wrongdoing have the legal right to pursue a wrongful death claim.
At Angotti & Straface Attorneys at Law L.C., we understand that no lawsuit can replace what you’ve lost. But taking legal action may bring accountability, ease financial burdens, and provide a sense of justice. Here’s what grieving families need to know about the legal steps following a wrongful death in West Virginia.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when a person dies due to another party’s negligence, recklessness, or intentional act. These cases often stem from:
• Fatal car or truck accidents
• Medical malpractice
• Dangerous property conditions
• Workplace accidents
• Criminal acts, including assault or DUI.
In West Virginia, wrongful death claims are governed by state law (W. Va. Code § 55-7-5 et seq.). The claim must be filed by the personal representative (executor or administrator) of the deceased’s estate, but it is filed on behalf of the surviving family members.
Legal Steps to Take After a Wrongful Death
We know you’re grieving, but some actions can’t wait. Here’s what to do:
1. Obtain the Death Certificate – This official record is required for legal filings, insurance purposes, and probate matters.
2. Speak with a West Virginia Wrongful Death Attorney – The sooner you consult legal counsel, the better. Critical evidence can disappear quickly. We can begin preserving evidence, contacting witnesses, and evaluating liability immediately.
3. Establish the Estate’s Legal Representative – To file a wrongful death claim in West Virginia under § 55 7 6, the county probate court must open the estate and appoint a personal representative to act on behalf of the deceased’s family.
4. Calculate Economic & Non-Economic Losses – In a wrongful death case, families may recover both economic and non-economic damages. These can include:
• Funeral and burial expenses.
• Medical costs related to the final injury.
• Lost income and benefits the deceased would have provided.
• Loss of companionship, emotional support, and guidance.
• Pain and suffering.
Under W. Va. Code § 55 7 6(c), non-economic damages may also include compensation for “sorrow, mental anguish, companionship, comfort, guidance, kindly offices, and advice.”
At Angotti & Straface, we work with trusted financial and medical experts to fully assess and document the scope of your loss, so you receive the compensation you and your family deserve.
5. Know and Meet the Filing Deadline – Under W. Va. Code § 55 7 6(d), the personal representative of the estate has two years from the date of death to file a wrongful death claim in West Virginia. Missing this legal deadline, known as the statute of limitations, can permanently bar your right to compensation.
Important: If the wrongful death involves medical malpractice, a different timeline may apply. Consulting an attorney early ensures critical deadlines are not missed.
Why Legal Action Matters
You may not feel ready, but pursuing a wrongful death claim can serve a greater purpose:
• Accountability: Holding negligent parties responsible may help prevent similar tragedies in the future.
• Financial Relief: Compensation can ease the burden of funeral expenses, lost income, and ongoing needs.
• Justice and Closure: Legal action may provide a sense of comfort and control in the midst of grief.
Why Families Trust Angotti & Straface Attorneys at Law L.C.
With decades of combined legal experience, our Morgantown-based team is trusted across Monongalia, Marion, Taylor, Preston, Harrison, Barbour, and Randolph Counties for our compassion, commitment, and proven results in wrongful death cases.
We’re more than attorneys; we’re neighbors, advocates, and trusted partners during life’s most difficult moments. Whether through respectful negotiation or aggressive courtroom advocacy, we fight to hold the right parties accountable and help families secure the justice and financial relief they deserve. At Angotti & Straface, we handle the legal process with care and compassion, allowing you to focus on your healing.
We’re Here When You’re Ready
If you believe someone else’s negligence or wrongdoing caused your loved one’s death, contact Angotti & Straface Attorneys at Law L.C. for a free, confidential consultation.
Angotti & Straface Attorneys at Law L.C.
274 Spruce Street, Morgantown, WV 26505
(304) 292-4381
The Law Firm You Can Trust – Proudly serving Monongalia, Marion, Taylor, Preston, Harrison, Barbour, and Randolph Counties since 1952.