Close-up of a person’s hand holding a rose at a funeral.

Did You Lose a Loved One to Another’s Carelessness in Charleston, WV?

If you have lost a loved one due to someone else's negligence, you may be eligible to file a wrongful death claim and pursue compensation. Get a free consultation with a Charleston wrongful death lawyer today.

"*" indicates required fields

Name*
This field is hidden when viewing the form
This field is hidden when viewing the form

Your Wrongful Death Lawyer in Charleston, WV

Losing a loved one is an unimaginable tragedy, especially when their death is caused by someone else’s carelessness or negligence. At Stewart Bell, PLLC, we understand the profound grief and distress that accompanies such a loss. Our compassionate and experienced wrongful death lawyers in Charleston, WV, are here to support you during this difficult time and help you pursue the justice and compensation your family may deserve.

Get Your Free Case Review

Getting Help Is Quick & Easy

We know that dealing with legal matters can be stressful, which is why we’ve made our process as quick and easy as possible. Whether you prefer to contact us by phone or through our website, we’re ready to listen to you and provide you with the guidance you need to move forward.

Bringing Justice to Your Case

We’re committed to fighting for justice for our clients. Our team of experienced attorneys will work tirelessly to build a strong case so that your voice is heard. We’ll stand by your side every step of the way and fight for the outcome you deserve.

Only Pay If We Win

Everyone should have access to quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis, which means that you only pay us if we win your case. You have nothing to lose and everything to gain by working with our team of dedicated attorneys!

What Is Considered a Wrongful Death?

A wrongful death claim arises when an individual’s death is caused by the negligence, recklessness, or intentional actions of another party. These claims are intended to provide financial compensation to the deceased’s survivors for their losses and suffering.

Common Causes of Wrongful Death

Wrongful death can occur under various tragic circumstances, often stemming from negligence or reckless behavior. Some of the most common causes include:

  • Motor Vehicle Accidents: Fatalities resulting from car, motorcycle, or truck accidents are often due to reckless driving, speeding, distracted driving, or driving under the influence of alcohol or drugs.
  • Medical Malpractice: Medical errors, including misdiagnosis, surgical mistakes, medication errors, and inadequate patient care, can lead to wrongful death.
  • Workplace Accidents: Fatal injuries can occur in dangerous work environments, particularly in construction, manufacturing, and industrial settings, due to inadequate safety measures or equipment failures.
  • Defective Products: Manufacturing defects, design flaws, or insufficient warnings on products can lead to fatal accidents, especially with automobiles, machinery, pharmaceuticals, and household items.
  • Slip and Fall Incidents: Unsafe property conditions, such as wet floors, poor lighting, or unmarked hazards, can cause fatal falls, particularly among the elderly.
  • Nursing Home Abuse and Neglect: Fatalities can occur in nursing homes due to abuse or neglect, such as inadequate medical care, malnutrition, dehydration, or failure to prevent accidents and injuries.
  • Criminal Acts: Homicides and other violent crimes resulting in death fall under wrongful death when the perpetrator’s actions directly cause the fatality. In such cases, the perpetrator can face both criminal charges from the state and civil charges through a wrongful death claim.

Understanding the common causes of wrongful death helps in identifying the liable parties and pursuing justice for the deceased and their families. If your loved one’s death resulted from any of these situations, you might be entitled to seek compensation through a wrongful death claim. Reach out to our wrongful death lawyers today.

Damages Available in a West Virginia Wrongful Death Claim

When a loved one dies due to another’s negligence or wrongful actions, surviving family members may be entitled to various forms of compensation. In West Virginia, wrongful death claims allow families to seek damages to help alleviate the financial and emotional burdens resulting from their loss. These damages include:

Economic damages are intended to cover the tangible financial losses that arise from the death of a loved one. These damages can include:

  • Medical Expenses Incurred Before Death: Any medical costs associated with the deceased’s treatment prior to their passing, including hospital bills, surgeries, and other healthcare services.
  • Funeral and Burial Costs: Expenses related to funeral services, burial or cremation, and associated memorial activities.
  • Loss of the Deceased’s Future Income: Compensation for the income the deceased would have earned if they had lived, including wages, bonuses, and other forms of financial support.
  • Loss of Benefits: The value of benefits that the deceased provided to their family, such as health insurance, retirement benefits, and other employment-related perks.

Non-economic damages address the intangible, emotional aspects of the loss. These are often more challenging to quantify but are equally important in providing justice and relief to surviving family members. Non-economic damages can include:

  • Pain and Suffering of the Deceased Before Death: Compensation for the physical and emotional suffering endured by the deceased from the time of injury until their death.
  • Loss of Companionship and Consortium: Damages for the loss of the deceased’s companionship, love, guidance, and support, which can profoundly affect family members, particularly spouses and children.
  • Emotional Distress and Mental Anguish: Compensation for the severe emotional and psychological impact experienced by surviving family members due to the sudden and tragic loss of their loved one.

In cases of particularly egregious conduct, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future. Although they are rarely awarded, punitive damages can significantly increase the total compensation in a wrongful death case and serve as a powerful statement against negligent or malicious actions.

 

If you have lost a loved one to a wrongful death, contact us today for a compassionate and thorough evaluation of your case. We aim to provide you with the support and legal guidance you need to navigate this difficult time, helping to ensure your family’s financial stability and peace of mind.

Get Your Free Case Review

Proving Negligence in Wrongful Death Cases

To succeed in a wrongful death claim, it is necessary to prove that the defendant’s negligence or wrongful actions directly caused the death. This involves demonstrating:

  • Duty of care: The defendant owed a duty of care to the deceased.
  • Breach of duty: The defendant breached that duty through action or inaction.
  • Causation: The breach directly caused the death.
  • Damages: The survivors suffered losses as a result.

Proving negligence in a wrongful death case can be complex, requiring thorough investigation and legal skill. At Stewart Bell, PLLC, our experienced wrongful death attorneys are dedicated to meticulously building your case to demonstrate each element of negligence, helping to improve your chances of receiving fair compensation for your loss. Get a free case review today.

Filing a Wrongful Death Claim in Charleston

Filing a wrongful death claim can be a daunting process during an already difficult time, but you aren’t alone. Our Charleston wrongful death lawyers are here to guide you every step of the way, helping to ensure that your rights are protected and that you receive the justice your loved one may deserve.

Initial Consultation

The process begins with a free consultation with our wrongful death attorneys, where we will review the details of your case and explain your legal options.

Investigation and Evidence Gathering

Our team will conduct a thorough investigation, gathering evidence to build a strong case. This may include medical records, accident reports, witness statements, and expert testimony.

Filing the Claim

We will prepare and file the wrongful death claim on your behalf, ensuring all legal requirements are met and deadlines are adhered to.

Negotiation and Settlement

Our attorneys will negotiate with the responsible parties or their insurance companies to seek a fair settlement. If a satisfactory agreement cannot be reached, we are prepared to take the case to trial.

Reviews

Wrongful Death Lawyer FAQs

The statute of limitations for wrongful death claims in West Virginia is generally 2 years from the date of death. It’s necessary to file within this timeframe to preserve your right to seek compensation.

The timeline for resolving a wrongful death claim can vary widely, depending on the complexity of the case and whether it goes to trial. Some cases settle within months, while others may take years.

Bring any relevant documents, such as medical records, accident reports, and correspondence with insurance companies. This will help us assess your case more effectively.

West Virginia follows a comparative fault rule, meaning you can still file a claim if the deceased was partially at fault. However, the compensation may be reduced by the deceased’s percentage of fault.

In West Virginia, the personal representative of the deceased’s estate, often appointed by the court, can file a wrongful death claim on behalf of the surviving family members.

Eligible parties to recover damages in a wrongful death claim include the deceased’s surviving spouse, children, parents, siblings, and any financially dependent family members.

The compensation amount in a wrongful death case varies based on factors such as economic and non-economic damages, the deceased’s earning capacity, and the circumstances of the death.

Our wrongful death lawyers work on a contingency fee basis, meaning you pay no upfront costs and only pay a fee if we successfully recover compensation for you.

Many wrongful death claims are settled out of court, but if a fair settlement cannot be reached, your case may go to trial, where our attorneys will represent you.

The settlement is typically paid by the at-fault party’s insurance company or, in some cases, directly by the at-fault party.

Generally, wrongful death settlements are not taxable; however, certain components like punitive damages may be subject to taxation.

If the deceased did not have a will, the court will appoint a personal representative to handle the wrongful death claim and distribute the recovered damages according to state laws.

You should hire a wrongful death lawyer as soon as possible to ensure evidence is preserved, legal deadlines are met, and your case is thoroughly prepared.

How Our Charleston Wrongful Death Attorneys Can Help You Pursue Justice

At Stewart Bell, PLLC, our Charleston wrongful death attorneys are committed to providing comprehensive and compassionate legal support to help you pursue justice for you and your loved ones. Here are the benefits of working with our experienced team:

  • Legal Guidance: Our attorneys have extensive knowledge and experience in handling personal injury claims, including wrongful deaths, ensuring that your case is built on a solid legal foundation.
  • Thorough Investigation: We conduct a meticulous investigation into the circumstances surrounding your loved one’s death, gathering crucial evidence such as medical records, accident reports, witness statements, and expert testimony.
  • Strategic Case Building: Our team crafts a robust legal strategy tailored to your specific situation, focusing on demonstrating negligence and securing the maximum compensation you may deserve.
  • Negotiation and Settlement: We skillfully negotiate with insurance companies and responsible parties to achieve a fair settlement, sparing you the stress of prolonged litigation.
  • Trial Representation: If a satisfactory settlement cannot be reached, our attorneys are prepared to represent you in court, advocating aggressively for your rights and interests.
  • Emotional Support: We understand the emotional toll of losing a loved one and provide compassionate support throughout the legal process, ensuring you never feel alone.
  • No Upfront Costs: We work on a contingency fee basis, meaning you don’t pay any legal fees unless we successfully recover compensation for you.

By choosing Stewart Bell, PLLC, you are partnering with a dedicated team that prioritizes your well-being and is driven to seek justice for your family. Let us handle the legal complexities so you can focus on healing and honoring your loved one.

Get Your Free Case Review

Our Charleston Wrongful Death Lawyers

Charleston Personal Injury Lawyer Jeff David Stewart

Attorney Jeff David Stewart

View Bio
A photo of Allison Santer standing in her office

Attorney Allison R. Santer

View Bio
Katherine H. Arritt

Attorney Katherine H. Arritt

View Bio
Personal Injury Lawyer Andrew Paternostro

Attorney Andrew L. Paternostro

View Bio

Consult With a Wrongful Death Lawyer in Charleston, WV

If you have lost a loved one due to someone else’s negligence or wrongful actions, don’t hesitate to seek legal help. Contact us today for a free consultation with a wrongful death lawyer in Charleston. Let us help you navigate this difficult time and pursue the justice your loved one may deserve.

Request a Free Consultation

For more than 30 years, the lawyers of Stewart Bell, PLLC have helped the people and businesses of West Virginia protect their interests and rights. We understand the issues that injured people and their families face after an accident and work quickly to obtain the MAXIMUM amount of compensation for every case we handle.

We have recovered MILLIONS of dollars for clients injured because of nursing home abuse, motor vehicle accidents or medical malpractice.

"*" indicates required fields

Name*
This field is hidden when viewing the form
This field is hidden when viewing the form