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Did You Lose a Loved One to Another’s Negligence in Huntington?

Losing a loved one due to someone else's negligence is a devastating experience. At Stewart Bell, PLLC, we understand your pain and are here to help you seek justice. Schedule a free consultation with a wrongful death lawyer in Huntington today.

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Your Wrongful Death Lawyer in Huntington, WV

At Stewart Bell, PLLC, we are committed to providing dedicated and compassionate legal representation to families who have lost a loved one due to another’s negligence. Our experienced team of wrongful death attorneys in Huntington, WV, understand the emotional and financial challenges you face during this difficult time. We work tirelessly to investigate the circumstances surrounding your loved one’s death, gather crucial evidence, and build a strong case to hold the responsible parties accountable. Our goal is to secure the justice and compensation your family may deserve, allowing you to focus on healing and moving forward with your life.

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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 online, 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 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 dedicated attorneys!

What Is Wrongful Death?

Wrongful death is a legal term that refers to a situation where a person dies as a result of the negligent, reckless, or intentional actions of another party. In such cases, the deceased’s surviving family members or the personal representative of their estate can file a wrongful death lawsuit to seek compensation for their loss. This type of claim aims to hold the responsible party accountable and provide financial support to those left behind, covering expenses such as funeral costs, lost income, and emotional suffering.

Causes of Wrongful Death

Wrongful death can result from various incidents, including:

  • Car accidents: Negligent driving behaviors such as speeding, distracted driving, or driving under the influence can lead to fatal car crashes.
  • Medical malpractice: Mistakes by healthcare professionals, such as misdiagnosis, surgical errors, or medication errors, can result in the untimely death of a patient.
  • Workplace accidents: Unsafe working conditions, inadequate safety protocols, or employer negligence can cause fatal injuries on the job.
  • Defective products: Faulty design, manufacturing defects, or inadequate warnings on products can lead to fatal accidents and injuries.
  • Nursing home abuse and neglect: Elderly residents in nursing homes may suffer from neglect, abuse, or inadequate care, leading to fatal health complications.

What Compensation Can I Seek For a Wrongful Death in Huntington?

In West Virginia, you may be entitled to several types of compensation in a wrongful death case to address both the financial and emotional impact of your loss. The specific damages that can be recovered in a Huntington wrongful death lawsuit are outlined in West Virginia Code § 55-7-6, and they include:

  • Funeral and burial expenses: The costs associated with laying your loved one to rest, including funeral services, burial, or cremation expenses.
  • Medical expenses incurred prior to death: Any medical bills and treatment costs that were incurred as a result of the injury or illness that led to the deceased’s death.
  • Loss of the deceased’s income and benefits: Compensation for the loss of the deceased’s expected earnings, benefits, and financial support that they would have provided to the family.
  • Pain and suffering experienced by the deceased: Damages for the physical pain and mental anguish that the deceased experienced prior to their death due to the injury or negligence.
  • Loss of companionship, guidance, and support for surviving family members: Non-economic damages that compensate for the emotional loss, including the loss of companionship, love, care, guidance, and support that the deceased would have provided to their family.

These types of compensation aim to lessen the financial burden and emotional toll that wrongful death imposes on surviving family members. Our experienced attorneys will work diligently to help ensure that all applicable damages are thoroughly evaluated and pursued in your wrongful death claim.

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How Do I Prove Negligence in a Wrongful Death Case?

Proving negligence in a wrongful death case is crucial for a successful claim. To establish negligence, you must demonstrate the following elements:

  • Duty of Care: The defendant owed a duty of care to the deceased, meaning they had a legal obligation to act in a reasonably safe manner to avoid causing harm.
  • Breach of Duty: The defendant breached that duty through their actions or inactions, failing to uphold their responsibility.
  • Causation: The breach of duty directly caused the death of your loved one, establishing a clear link between the defendant’s actions and the fatal outcome.
  • Damages: You suffered quantifiable damages as a result of the death, such as financial losses and emotional distress.

Our Huntington wrongful death lawyers have extensive experience in gathering evidence, consulting with experts, and building compelling arguments to prove negligence. We meticulously analyze medical records, accident reports, and other critical documents, and we may work with accident reconstructionists, medical professionals, and other experts to strengthen your case. By presenting a thorough and persuasive argument, we strive to ensure that those responsible for your loved one’s death are held accountable, and that you receive the justice and compensation you may deserve for your family. Don’t hesitate–seek legal assistance today.

How Do I File a Wrongful Death Claim?

Filing a wrongful death claim involves several key steps to help ensure that justice is served and that you receive fair compensation. Here’s a detailed look at the process:

The first step is to meet with a wrongful death attorney to discuss your case. During this initial consultation, you will provide details about the circumstances surrounding your loved one’s death, and your attorney will assess the viability of your claim. They will also explain the legal process and what you can expect moving forward.

Once you decide to proceed, your attorney will conduct a thorough investigation into the incident. This involves gathering evidence such as police reports, medical records, witness statements, and any available video footage. The goal is to build a comprehensive case that clearly demonstrates the defendant’s negligence and its direct link to your loved one’s death.

After gathering sufficient evidence, your attorney will file the wrongful death lawsuit in the appropriate court. This includes drafting and submitting a formal complaint that outlines the facts of the case, the legal basis for the claim, and the damages being sought. The complaint will be served to the defendant, officially notifying them of the lawsuit.

Both parties will engage in the discovery process, exchanging relevant information and evidence. Your attorney may also file pre-trial motions to address any legal issues before the trial begins, such as motions to dismiss certain claims or to exclude specific pieces of evidence.

In many cases, parties will attempt to reach a settlement before going to trial. Your attorney will negotiate with the defendant’s insurance company or legal team to seek a fair settlement that adequately compensates you for your loss. This process may involve multiple rounds of negotiation, during which your attorney will advocate for your best interests.

If a settlement cannot be reached, your case will proceed to trial. During the trial, your attorney will present your case to a judge or jury, working to prove the defendant’s negligence and the extent of the damages you have suffered. The judge or jury will then render a verdict and determine the amount of compensation, if any, to be awarded.

 

Throughout the entire process, your wrongful death lawyer will provide support, answer your questions, and keep you informed about the progress of your case. Our dedicated attorneys are committed to helping you navigate this challenging time and securing the justice and compensation your family deserves.

Who Can File a Wrongful Death Suit in West Virginia?

Under West Virginia law, a wrongful death claim must be filed by the personal representative of the deceased’s estate. This representative is often named in the deceased’s will or appointed by the court. The compensation awarded in a wrongful death case will be distributed to the deceased’s surviving family members, including the spouse, children, parents, siblings, and/or other financially dependent individuals.

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How Can a Huntington Wrongful Death Attorney Help?

Navigating a wrongful death claim can be overwhelming, especially while grieving the loss of a loved one. A skilled wrongful death attorney can provide valuable assistance, including:

  • Conducting a thorough investigation: Your attorney will meticulously investigate the circumstances surrounding your loved one’s death, gathering all necessary information to build a strong case. This includes examining police reports, medical records, and any other pertinent documents.
  • Gathering and preserving evidence: An attorney will collect and preserve crucial evidence that supports your claim, such as witness statements, expert testimonies, and physical evidence. This step is essential for proving negligence and establishing liability.
  • Identifying liable parties: Determining who is legally responsible for your loved one’s death can be complex. Your attorney will identify all potentially liable parties, which may include individuals, businesses, or other entities, ensuring that all avenues for compensation are explored.
  • Calculating the full extent of your damages: A wrongful death attorney will assess the full impact of your loss, including economic and non-economic damages. This comprehensive evaluation will help ensure that you seek appropriate compensation for funeral expenses, lost income, medical bills, and emotional suffering.
  • Negotiating with insurance companies: Dealing with insurance companies can be challenging. Your attorney will handle all negotiations, advocating for a fair settlement that reflects the true value of your claim and protecting you from any tactics that insurers might use to minimize your compensation.
  • Representing you in court if necessary: If a fair settlement cannot be reached, your attorney will represent you in court. They will present a compelling case to the judge or jury, using their legal skills to help prove negligence and secure the maximum compensation possible.

Our Huntington wrongful death lawyers are dedicated to guiding you through every step of the legal process with compassion and skill. We understand the emotional and financial toll that a wrongful death can take on a family, and we are committed to providing the support and representation you need during this difficult time. By choosing Stewart Bell, PLLC, you can rest assured that your case is in capable hands, and that we will work tirelessly to achieve justice for your loved one.

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Our Huntington Wrongful Death Attorneys

Charleston Personal Injury Lawyer Jeff David Stewart

Attorney Jeff David Stewart

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A photo of Allison Santer standing in her office

Attorney Allison R. Santer

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Katherine H. Arritt

Attorney Katherine H. Arritt

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Personal Injury Lawyer Andrew Paternostro

Attorney Andrew L. Paternostro

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Wrongful Death Lawyer FAQs

In West Virginia, the statute of limitations for wrongful death claims is generally 2 years from the date of death. It is important to take prompt legal action to help ensure that you meet this deadline and protect your right to seek compensation.

West Virginia follows a modified comparative negligence rule. You can still recover damages if your loved one was less than 50% at fault. However, the compensation will be reduced by their percentage of fault.

The timeline for resolving a wrongful death claim can vary significantly depending on the complexity of the case, the willingness of the parties to settle, and the court’s schedule. Generally, it can take anywhere from several months to a few years. Your attorney will provide a more specific timeline based on the details of your case.

The amount of compensation you can receive for a wrongful death claim depends on various factors, including the circumstances of the death, the financial impact on the surviving family members, and the emotional suffering experienced. Each case is unique, and your attorney will help estimate the potential value of your claim.

Our wrongful death lawyers work on a contingency fee basis, meaning we only get paid if you win your case. Typically, the attorney’s fee is a percentage of the settlement or court award. This arrangement allows you to pursue your claim without upfront legal costs.

In general, compensation received from a wrongful death settlement is not considered taxable income by the IRS. However, there are exceptions, particularly if the settlement includes punitive damages or interest accrued on the award. It’s advisable to consult with a lawyer to understand the specific tax implications of your settlement.

If your deceased loved one did not have a will, the court will appoint a personal representative to handle the estate and file the wrongful death claim. This is often a close family member, such as a spouse, parent, or adult child. The distribution of any awarded compensation will follow the state’s intestacy laws, which dictate how assets are divided among surviving family members.

It’s important to hire a wrongful death lawyer as soon as possible after your loved one’s passing. Early involvement allows your attorney to gather evidence, interview witnesses, and build a strong case before critical information is lost or becomes less reliable.

Schedule a Free Consultation With a Wrongful Death Lawyer in Huntington, WV

If you have lost a loved one due to another’s negligence, don’t wait to seek legal help. Contact us today to schedule a free consultation with a compassionate and experienced wrongful death lawyer in Huntington. We are here to provide the support and guidance you need during this challenging time, and we will fight tirelessly to secure the justice and compensation you may deserve.

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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.

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