Fatal Car Accident Lawyer in Charleston, WV

Losing a loved one in a car accident is a tragedy that affects your life forever. On top of the financial impact and tumultuous emotions of a fatal car accident’s aftermath, legal recourse can feel like an insurmountable obstacle.

If you have recently lost a loved one in a car crash, we want to express our deepest condolences for your loss. At Warner Law Offices, PLLC, we believe that no family should have to endure the grief and trauma of a fatal accident alone. We are here to help.

Our attorneys and staff dedicate themselves to streamlining the legal process and fighting for clients throughout the Metro Valley and all of West Virginia. To discuss your loss with an experienced fatal car accident lawyer near you, contact our Charleston, WV law office today. Your consultation is free, and our attorneys will patiently guide you through the next steps.

Filing a Wrongful Death Lawsuit After a Fatal Car Crash

If you seek legal recourse for a loved one’s death from an accident caused by another driver’s negligence, you may be able to file a wrongful death lawsuit in civil court. While typical non-fatal car accident lawsuits focus on physical, emotional, and economic damages to the victim, a wrongful death suit focuses on the economic and emotional effects on the surviving family members.

West Virginia Code § 55-7-6 specifies the damages available in a wrongful death lawsuit. These include sorrow and mental anguish, funeral expenses, and economic losses for dependents of the deceased. The court or jury also decides how these damages will be distributed among multiple representatives of the family involved in the lawsuit, such as spouses, children, siblings, and dependent parents.

Warner Law Offices, PLLC can walk you through all aspects of the legal process, answering any questions you may have so you remain fully informed.

How Long Do I Have to File a Fatal Car Accident Claim in West Virginia?

For most fatal collisions, the statute of limitations is generally two years from the date of death. There are exceptions to this two-year statute of limitations depending on the nature of the fatal collision and the parties involved.

In addition, it’s important to acknowledge that preparing a wrongful death lawsuit takes time. Two years can go by faster than you think. The evidence becomes more difficult to preserve or obtain the longer you wait to take action.

This is why it’s in your best interests to contact our Charleston fatal car accident attorneys as soon as possible for a free case review. We will listen to you closely and can start building a strong case and preserving vital evidence.

How Our Fatal Accident Attorneys in Charleston Can Help

Serving the state of West Virginia and surrounding areas for more than 20 years, the fatal accident lawyers at Warner Law Offices, PLLC are well-versed in representing the families of victims who have died in car crashes.

Our Clients Always Come First

We are here day and night for our clients. We know that taking the first step to seek legal help after a tragedy can be nerve-wracking, and our attorneys and staff work to ease every step of the legal process for you. Combining skillful and strategic litigation with genuine values-based relationship building, we are a legal team that every client can trust.

Experience with Fatal Accident Claims

Our attorneys have unmatched expertise in wrongful death suits stemming from car accidents. This includes fatal collisions that were caused by medical conditions such as dementia, distracted or reckless driving, drunk or intoxicated driving, and much more. In addition, our lawyers are widely known as trusted, compassionate legal partners for families throughout Charleston who are going through a difficult time.

Lawyers Born and Raised in West Virginia

The lawyers of Warner Law Offices, PLLC are all born and raised here in West Virginia. We understand the people in Kanawha County and other neighboring communities. Our attorneys are also aware of local intersections and highways that are potentially dangerous and the concerns of people who live in those areas or drive around those areas as part of their commute.

Our Accolades Demonstrate Excellence

Our firm is dedicated to being the best advocates for our clients. Our attorneys have been included in West Virginia SuperLawyers® for multiple consecutive years. We have also been listed as a Newsweek Top Premier Law Firm, and are included in both The National Trial Lawyers Top 100 Trial Lawyers and America’s Top 100 Attorneys.

We’ve been considered a highly recommendable firm and “phenomenal” lawyers in our reviews. This proven track record of hard work and excellence reflects our ongoing emphasis on providing exceptional legal service to the people of West Virginia.

Our Law Firm Has Won Millions for Clients

While every case is different, our attorneys have achieved notable multi-million dollar verdicts and settlements for clients. Some notable case results for our clients include the following:

$13 million in an auto accident case
$9 million in a wrongful death lawsuit
$5.5 million in a semi-truck accident case

You Pay Nothing Unless We Win

We know that the loss of a loved one can make your financial future uncertain. In addition to free consultations, our lawyers work on a contingency fee basis. That means that clients only pay us if we can secure a settlement or win damages in a jury trial. If we don’t win, you don’t have to pay.

Dangerous Roads in the Charleston Area

There are many potential dangers while driving in Kanawha County, whether you’re on the West Virginia Turnpike or surface streets in and around Charleston. Some of the most dangerous highways in the area include:

Interstate 64
Interstate 77
U.S. Route 60/Midland Trail
U.S. Route 119/Corridor G

In addition to interstates and local highways, there are some dangerous intersections in Charleston along Pennsylvania Avenue where serious and fatal car accidents can occur:

The intersection of Lee Street and Pennsylvania Avenue
The intersection of Washington Street and Pennsylvania Avenue
The intersection of Randolph Street and Pennsylvania Avenue

What Are the Common Causes of Fatal Car Accidents?

Fatal car accidents have numerous causes. Our team will carefully investigate your loved one’s collision to identify all potential causes and contributing factors. Below are some of the common causes of fatal crashes in Kanawha County and the Metro Valley.

Speeding

According to the National Highway Traffic Safety Administration (NHTSA), there were 11,775 speeding-related traffic fatalities nationwide in 2023. The NHTSA also notes that speeding played a role in 29% of all fatal crashes that year. Excessive speed is a major danger to motorists, bicyclists, and pedestrians on highways, interstates, and surface streets.

Drinking and Driving

According to data from the NHTSA, drunk driving caused or contributed to 12,429 deaths in 2023. That breaks down to one death in a DUI accident every 42 minutes in America. Our lawyers can hold drunk drivers and drivers under the influence of narcotics and other substances accountable for taking your loved one’s life.

Distracted Driving

Distracted driving collisions refer to crashes caused by actions that take a driver’s hands off the wheel or divert their attention from the road and their surroundings. This includes texting while driving, eating behind the wheel, looking up directions, or even just rubbernecking. The constant presence of screens in our daily life has made these kinds of accidents more common.

Running Red Lights and Stop Signs

Many serious accidents occur at intersections throughout Charleston. When a driver runs a red light or ignores a stop sign, they may t-bone another vehicle, which can lead to fatal injuries. Our attorneys can review video footage, dash cam footage, or any other available evidence to ensure the person who blew through an intersection is held liable for your loved one’s death.

Reckless Driving

In addition to speeding and ignoring stop signs, there are all kinds of reckless behaviors that can seriously harm others on the road. This includes frequent lane changes, aggressively overtaking other vehicles, refusing to yield the right of way, and failing to signal while turning or changing lanes.

Driver Fatigue

Driving while exhausted can be just as dangerous as drunk driving. There is a particular danger when it comes to semi-truck driver fatigue. Long hours spent on the road could lead the driver to be sluggish behind the wheel. In some cases, a driver could fall asleep while on the road. Fatigue can lead to serious commuter vehicle crashes or deadly big rig and tractor-trailer accidents.

Potential Contributing Factors in Fatal Collisions

In addition to the above causes of fatal crashes, it’s important to note these potential contributing factors in a deadly car accident:

Vehicle or Part Defects: When the tires, brakes, or safety features fail in a vehicle, it makes fatal injuries more likely.
Poor Road Conditions: Poorly maintained roads are dangerous to drive on and could contribute to a fatal collision.
Bad Weather Conditions: Rain, snow, ice, and fog can seriously impact a vehicle’s traction and a driver’s visibility.

Our Charleston fatal car accident lawyers can note these contributing factors if they played a role in your loved one’s death. The team at our firm can also determine if a company or local road authorities can be held accountable for their role in the fatal car crash.

Damages in a Fatal Car Accident Claim

very fatal car accident case is unique, and the amount of damages each client can receive varies greatly depending on the circumstances. Our fatal accident attorneys can review the various losses related to your loved one’s death and help you understand the true value of your claim.

Damages sought after a fatal vehicle accident will often include both economic damages and non-economic damages.

Economic Damages in a Fatal Car Accident

Economic damages compensate surviving family members for the quantifiable losses related to the fatal wreck. This includes:

Medical expenses before a loved one’s death
Funeral expenses
Cost of vehicle repairs or replacement
Damage to other property in the crash
The loved one’s lost wages and projected future earnings

Non-Economic Damages in a Fatal Car Accident

Non-economic damages compensate surviving family members for losses that aren’t as easy to quantify. This includes:

Emotional distress experienced by the victim‘s loved ones
Loss of the services, care, assistance, and protection that the victim provided to their loved ones
Loss of companionship and guidance for the victim’s loved ones

The Potential for Punitive Damages After a Fatal Wreck

While it’s rare to receive punitive damages in a fatal car accident case, it’s possible in cases involving drunk driving or other intentional and egregious acts. As with the other damages sought, our fatal car accident lawyers here in Charleston can assess what happened and help you understand what compensation can be pursued.

How Modified Comparative Fault Can Affect Damages in a Fatal Crash Case

West Virginia is a modified comparative fault state. That means you can still recover damages even if your loved one’s behavior partially contributed to the fatal accident.

As long as your loved one was 50 percent at fault or less, you can still seek legal damages in a wrongful death claim. The damages awarded will be reduced in proportion to your loved one’s share of blame for the collision.

For example, if your loved one shared 25 percent of the blame for the accident and the jury awarded $100,000 in damages, the surviving family members would receive $75,000.

Modified comparative negligence can dramatically affect the total amount received in a fatal accident claim. That’s why our lawyers will help determine if it’s better to accept a pre-trial settlement rather than take your case to court. Our law firm can help ensure you receive the best possible outcome in your case.

Contact Our Charleston, WV Fatal Car Accident Attorneys Today

The untimely loss of a loved one in an automobile accident is a tragedy no one should have to face. At Warner Law Offices, PLLC, we know a lawsuit and compensation will not even begin to fill the void left by losing your loved one. However, seeking justice and holding the responsible party accountable for their actions is still important. That can help make our roads safer and perhaps prevent others from going through a tragic loss like you are experiencing.

To set up a free case evaluation with trusted fatal car accident attorneys near you, contact our Charleston law office today. Our law firm is ready to listen and offer whatever assistance we can.