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Wrongful Death Lawyer
Huntington, WV
The death of a loved one can be devastating, especially if someone is to blame for the loss. In many instances, surviving family members can take legal action with help from a wrongful death lawyer in Huntington, WV to recover compensation for the deceased’s medical care prior to death. They can also seek financial relief for the emotional distress inflicted on their family.
At Warner Law Offices, PLLC, our attorneys are dedicated to securing justice for you and your family when negligent people or companies take your loved one from you. We offer free consultations to answer your questions and explain how to proceed with your case. To discuss what happened, contact our law firm today.
- How Warner Law Offices Can Help You After a Wrongful Death
- Our Approach to Wrongful Death Cases
- What is Considered a Wrongful Death in West Virginia?
- Types of Wrongful Death Cases
- Do I Need an Attorney for a Wrongful Death Claim?
- What does it cost to hire a wrongful death lawyer?
- Who Can File a Wrongful Death Claim?
- Who is Eligible to Recover Compensation for a Wrongful Death Claim?
- What is the Statute of Limitations for Wrongful Death Claims in West Virginia?
- What Kind of Compensation Can You Get for a Wrongful Death Lawsuit?
- Get Help Pursuing the Wrongful Death Compensation You Deserve
- Meet Our Attorneys
Seeking Justice After a Fatal Accident in Huntington, West Virginia
You may be unsure where to turn after losing someone in a fatal accident, and unsure whether anyone is at fault. By scheduling a free case review, you can discuss the details at our law firm. When we accept your case, we take the following actions immediately:
- We offer compassionate support as we gather information and evidence from you and your family.
- We begin a thorough investigation to uncover all those involved in the accident.
- We identify any at-fault parties and notify them of your intent to take legal action.
- We negotiate with appropriate insurance providers to submit claims and secure a fair settlement offer.
- We prepare your case for trial when necessary.
- We litigate your case in court to persuade the jury of your right to compensation.
Throughout your case, we remain available to you for concerns and updates on what is happening. Your Huntington wrongful death attorney will always prioritize your interests every step of the way.
To schedule a complimentary consultation with one of our West Virginia wrongful death attorneys.
Call (304) 345-6789 or
contact us online today.
Who Is Eligible to File a Wrongful Death Claim in West Virginia?
Under West Virginia Code §55-7-5, wrongful death occurs when someone dies due to a negligent or intentional wrongful act. According to West Virginia Code §55-7-6, only the personal representative for the deceased’s estate can file the wrongful death lawsuit against the at-fault parties. However, if the case is successful, the compensation can go to the following individuals:
- The surviving spouse
- Any surviving children, stepchildren, and adopted children
- Surviving siblings
- Surviving parents
- Any financially dependent survivors
In other states, the settlement becomes part of the estate and is distributed according to the terms of the will. In West Virginia, the court will decide who receives compensation and how much, according to statements provided by potential beneficiaries. If the parties settle without going to trial, then the beneficiaries will agree among themselves on how to divide the compensation.
Local Danger Zones: Where Fatal Accidents Frequently Occur in Huntington
Fifth Avenue is home to numerous fatal accident locations in Huntington. These areas carry risks from multiple lane merges, heavy crossing traffic, high-speed approaches, and congestion. Other danger zones include:
High-Speed Collisions on the I-64 Corridor and Route 60
Well-known as a hotspot for heavy commercial truck traffic and high-speed crashes, these routes are frequent locations for traffic deaths due to negligent or careless drivers. Crash statistics from the Federal Motor Carrier Safety Administration (FMCSA) found 131 traffic deaths due to accidents involving tractor-trailers in West Virginia from 2022 to 2025.
As one of many fatal accident locations in Huntington, motorists face increased risks of injury and death, leading their survivors to need assistance from a West Virginia wrongful death law firm.
Hazardous Intersections: 5th Avenue and Hal Greer Boulevard
This intersection has long been recognized as a dangerous area by the Kentucky, Ohio, West Virginia Interstate Planning Commission (KYOVA). It is home to as many as 2,950 vehicles passing through during peak afternoon travel hours, as outlined in an earlier KYOVA study of Hal Greer Boulevard.
Our Huntington car accident lawyers can evaluate the unique details of your case and discuss the available damages you may qualify to recover.
Industrial and Riverfront Risks: Accidents Near the Ohio River Terminals
Boat operators must complete education courses to receive a mandatory license, according to the West Virginia Department of Natural Resources. Yet visitors or careless boat owners may take a risk by operating their vessels without proper training or safety gear. Swimmers can suffer catastrophic injuries from boat propellers or being hit by a vessel.
The docks represent other fatal accident locations in Huntington. Employees could be killed while working with heavy equipment, dangerous materials, or negligent co-workers. You may have to consider the complexities of your family member’s workers’ compensation claim on top of a wrongful death action.
The Role of the Personal Representative: Navigating W. Va. Code § 55-7-6
The personal representative (PR) can be any of the potential beneficiaries, such as the spouse, parents, siblings, or adult children of the deceased. They can also be an attorney or other trusted individual who will execute the terms of the estate’s will. The PR owes a fiduciary duty to the estate to manage its affairs for the benefit of its beneficiaries.
The PR also has the right to file a wrongful death action and upholds the same duty for managing the litigation process. They must also negotiate settlements with defendants, guided by a wrongful death lawyer in Huntington. When the case ends, the PR distributes funds to the beneficiaries according to their agreement or the court’s orders.
Understanding Damages: Financial Support and Solace for Grieving Families
The loss of a loved one brings grief, but it often results in financial hardship for survivors. They may be left with medical bills if the deceased lingered for some time after the initial accident, as well as the loss of family income. If the victim filed a personal injury lawsuit prior to passing, their estate’s PR can file a survival action under West Virginia Code §55-7-8A to continue seeking compensation for losses experienced before death.
Your wrongful death lawyer in Huntington may include damages such as:
- Loss of future financial support
- Burial and funeral expenses
- Loss of companionship, guidance, and support
- Loss of intimacy
- Grief, anguish, and depression
The value of your claim depends on the circumstances and extent of your economic losses. It also hinges on the significance of the emotional and psychological impact of your loved one’s death, such as when minor children are left without a parent. As a sympathetic West Virginia wrongful death law firm, we promise to work hard to secure everything you deserve for your case.
The West Virginia Statute of Limitations: Critical Deadlines for Filing
There is little time to begin working with a Huntington wrongful death attorney after your loss. Under West Virginia Code §55-2-12, the statute of limitations, you have only two years from the date of death to file a wrongful death or survival action in court. You may have to begin by filing insurance claims, but this does not affect your right to initiate legal action.
How Our Huntington Legal Team Investigates Your Loss
At Warner Law Offices, PLLC, we treat every client with respect, dignity, and compassion, especially when managing a wrongful death claim. We can shoulder some of the burden for you by filing insurance claims, negotiating settlements, and collecting the valuable evidence needed to show who is at fault.
We partner with experts in the forensic, medical, and other fields to prepare the most powerful case possible on your behalf. By choosing one of our attorneys to represent you, you can set your mind at ease, knowing we will fight for your interests. We commit to securing justice and increasing your settlement whenever possible.
Why Choose Warner Law Offices, PLLC: Decades of Experience in Huntington Courts
At Warner Law Offices PLLC, we are local residents who proudly serve our community and have a deep knowledge of the “black spots” in Huntington where wrongful deaths commonly occur. We have a strong working relationship with local authorities, investigators, and the Cabell County Circuit Court.
Based on our case results and client reviews, we believe you will see that we are the right choice to assist you when you lose a loved one due to negligence.
Usually, negotiations follow as the sides work toward an agreement, but we do not encourage clients to settle for less just to avoid a trial. Should the other side refuse to make a fair offer, we can provide aggressive and effective representation and work toward a favorable trial verdict.
Frequently Asked Questions About Wrongful Death Lawsuits
If the wrongful death case is successful, the personal representative is responsible for distributing compensation to the following individuals:
- The surviving spouse
- Any surviving children, stepchildren, and adopted children
- Surviving siblings
- Surviving parents
- Any financially dependent survivors
In West Virginia, the court decides who receives compensation and how much. If the parties settle without going to trial, then the beneficiaries will agree among themselves on how to divide the compensation.
Although the 31st Street Bridge spans the Ohio River, most of it falls within West Virginia’s borders. The Huntington Police Department is most likely to respond to accidents, although the Cabell County Sheriff’s Office may also arrive.
Regardless of the location, the team at our West Virginia wrongful death law firm will be at your side and help you uncover the truth of what happened to your loved one. We understand the nuances of jurisdiction between police and sheriff’s departments, as well as the courts that oversee these cases.
For most personal injury claims, including wrongful death actions, there is no limit or “cap” on the amount of damages you could recover if you win your case. The one exception is when the death is due to medical malpractice under the Medical Professional Liability Act.
In those instances, you can receive no more than $500,000 for wrongful death for non-economic damages (pain and suffering). There is no limit for economic losses, whether medical malpractice is involved or not.
To further document the events surrounding your loved one’s wrongful death, you can visit the City of Huntington Police Department Records Bureau, located at 675 10th St. You or your Huntonton wrongful death attorney can request a copy online. You can also request reports from the West Virginia State Police.
Contact Our Huntington Wrongful Death Attorneys Near You
If you’ve lost someone close to you, our firm extends its deepest sympathies. Know that we’re here to listen to you and help in whatever way we can. To arrange a free consultation with a Huntington wrongful death attorney, contact our law firm today.
Consultation
Charleston, WV 25301
Bobby has received many accolades throughout the years from both his peers in the legal community, as well as the media. The National Trial Lawyers association named Bobby a Top 100 Trial Lawyer and he has been selected as a Member of the Nation’s Top One Percent. Additionally, he has been named a Best Attorneys of America by Rue Ratings, which also named Warner Law Offices to its Best Law Firms of America.
We represent clients across West Virginia and surrounding areas, providing compassionate client service and relentless advocacy in and out of the courtroom.
Call us 304-345-6789 or
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