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Wrongful Death Lawyer
Charleston, WV
When loved ones head off to work or to run an errand, we expect them to return safely. Sometimes, fatal collisions and workplace accidents prevent that from happening. These tragedies send surviving family members into emotional and financial upheaval.
Friends and family can offer support, but to secure your financial future, you need help from Warner Law Offices, PLLC. Our attorneys are ready to take your call and help you through the tragedy and complexities of seeking justice after the loss of a loved one.
Consultations are free, and you pay nothing unless we win. To set up a free case review with our experienced wrongful death lawyers in Charleston, WV, 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
How a Wrongful Death Lawyer in Charleston Can Help Families After a Fatal Workplace Loss
The sudden and tragic loss of a loved one due to a preventable workplace accident is devastating. At Warner Law Offices, PLLC, we understand the overwhelming pain your family is facing. Our compassionate attorneys can help you and your family through this difficult time. While filing a wrongful death claim cannot ease your pain, it may help provide closure by holding the responsible party accountable for your loss.
Our wrongful death attorney in Charleston can investigate the circumstances of your loved one’s death. We know financial compensation isn’t the goal. However, it can help with any unexpected expenses. We will be your advocate, handling every aspect of the claims process with compassion and sensitivity. You do not have to face this burden alone. Let our lawyers provide the legal support you need.
To schedule a complimentary consultation with one of our West Virginia wrongful death attorneys.
Call (304) 345-6789 or
contact us online today.
What Counts as “Wrongful Death” in West Virginia
A death caused by someone else’s act of negligence or intent counts as a wrongful death in West Virginia. More specifically, West Virginia Code 55-7-5 establishes a wrongful death as one that results from:
- A wrongful act
- Neglect
- Default
When a person sustains an injury and subsequent losses because of another party’s negligence, a wrongful death claim provides a way for surviving loved ones to pursue justice for the untimely death and its effects on their lives.
Establishing Negligence for a Wrongful Death
For a successful claim outcome, a wrongful death lawyer must prove the death only happened because of the at-fault party’s negligence or intentional act. The four elements of negligence are:
- Duty of Care: The other party’s legal obligation to uphold the victim’s safety by taking measures to keep the victim safe or avoiding actions that put the victim in danger.
- Breach of Duty: The at-fault party failed to uphold their obligation of safety by committing a dangerous action or failing to take precautions.
- Causation: The at-fault party’s act or failure to act directly led to the victim’s death, or caused the injuries ultimately leading to the death.
- Damages: The victim’s death caused measurable losses.
When handling matters involving wrongful death, our law firm knows the kinds of evidence needed to establish negligence. Our lawyers can acquire and present the right evidence for your claim, even for fatal accidents occurring at the victim’s workplace.
Workplace Wrongful Death Cases We Handle
Often, victims secure compensation for work-related injuries through workers’ compensation. If the worker dies, the family may collect benefits through that same system. Other times, there are grounds for also pursuing a third-party wrongful death claim.
An injured worker may have cause to sue an employer for an unsafe workplace if the employer deliberately exposed the worker to unsafe conditions. It may have served the employer’s financial interest to leave an unsafe condition unmitigated, though it put workers in danger. That cause can also apply to families whose loved one died because of unsafe workplace conditions.
Industrial workplaces often come with increased dangers. This does not mean industrial workers should “expect” to get hurt or killed on the job, though they must abide by all safety rules. It means employers, equipment manufacturers, and all others leading the industry need to keep it safe for workers. If they fail, our Charleston industrial accident lawyers are ready to help.
Construction Accidents
A construction accident lawyer from our team can help you through the wrongful death process if your loved one dies in a construction-industry accident. The Occupational Safety and Health Administration (OSHA) cites the top four construction hazards as:
- Falls
- Struck-by Accidents
- Caught-in/Between Accidents
- Electrocutions
If your loved one’s death resulted from these (or other) hazards, a wrongful death attorney can determine if a third party bears culpability. The deceased may have fallen when defective scaffolding collapsed or been electrocuted when a power tool malfunctioned.
Mining Accidents
The United States Department of Labor classification of mine accidents shows how dangerous the mining industry is. Falls, entrapment, fires, and explosions are among the devastating incidents that can happen at a worksite.
The publication itself proves these industry-related hazards are well known. Knowing these dangers, it is incumbent upon supervisors, employers, company owners, and all others who contribute to maintaining the site and equipment to protect workers from those hazards.
Reach out to a Charleston coal mining accident lawyer to fight for justice for a loved one killed in a mining accident.
Chemical Exposures
OSHA has regulations to protect workers from chemical hazards and toxic substances. Workers must receive thorough safety education. Employers must be sure to keep all chemicals labeled and stored. They must ensure proper use of safety equipment for employees working with or in the presence of the chemicals.
Mesothelioma is one of the more well-known consequences of chemical exposure. A study published by the Journal of Cancer Research and Clinical Oncology shows the relationship between asbestos exposure and this aggressive cancer and explains that it is possible to reduce these wrongful deaths by implementing policies and bans.
Our wrongful death lawyers know OSHA regulations and company and employer responsibilities. We stand up to injustice and are not afraid to take on any opponent, even powerful companies.
Who Can File a Wrongful Death Claim in West Virginia?
In West Virginia, a “personal representative” must bring forth a wrongful death claim. The deceased may have named someone as a personal representative, or “executor,” in their will. If the victim died without a will or without naming a representative, the court appoints one.
The personal representative files the claim on behalf of the beneficiaries. Beneficiaries are the family members entitled to collect compensation for their loved one’s death. Section 55-7-6 of the West Virginia Code recognizes the following parties as beneficiaries:
- Surviving spouse and children, including adopted and step-children
- Siblings
- Parents
- Anyone “financially dependent upon the decedent” when the victim died, and who would be entitled to a share of compensation
Sadly, wrongful death situations can create conflicts. Sometimes, unethical parties look to gain from the untimely death. At Warner Law Offices, PLLC, our wrongful death attorneys can fight for fair distribution of compensation and to protect your interests.
What Compensation May Be Available
The amount of compensation families recover from a wrongful death claim varies from case to case. Each situation has its own unique circumstances that determine the amount. You can count on our wrongful death law firm to evaluate your situation carefully and demand the highest amount possible.
According to the state’s wrongful death statute, damages available can provide financial acknowledgment or compensation for:
- “Sorrow, mental anguish, and solace,” accounting for the loss of “society, companionship, comfort, guidance, kindly offices, and advice of the decedent.
- The loved one’s “reasonably expected” loss of income, household contributions, protection, and care
- Costs for medical care if your loved one did not immediately die from their injuries
- Reasonable end-of-life expenses, such as funeral and burial costs
The at-fault party’s representatives may try to minimize your losses to reduce their payout. We will challenge those attempts as we work to get you and your family every dollar you deserve.
How Fault Affects Compensation
If your loved one was partially liable for the fatal accident, West Virginia’s modified comparative fault system can affect the outcome of your wrongful death claim.
Under West Virginia Code 55-7-13C, victims can only seek damages for an injury caused by someone else’s negligence if they are less than 50% to blame for the accident causing that injury. The same principle applies to wrongful death claims. Families can only seek damages if the decedent is less than 50% at fault.
If your loved one is less than 50% at fault, but still partially responsible, the compensation you collect is reduced in proportion to the deceased’s percentage of culpability. This is why it’s so important to partner with a team capable of protecting your loved one from unfair accusations. Warner Law Offices, PLLC will dispute unfair or unfounded allegations of fault and present evidence to support your claim against the at-fault party.
Proving Liability in a Workplace Wrongful Death Case
An experienced wrongful death attorney can execute an exhaustive investigation of your accident to produce the evidence needed to support your claim of liability.
Our search will be guided by your specific situation, but you can expect us to:
- Examine safety and maintenance reports
- Access OSHA and police reports
- Acquire available photo or video footage of the accident
- Speak to witnesses
- Consult with industry experts, safety engineers, and accident reconstructionists
- Work with medical experts to analyze autopsy and other medical reports
We do not leave any avenues of information unexplored.
Legal Deadlines & Timing
The statute of limitations on a wrongful death lawsuit in West Virginia is usually two years from the date of the person’s death. Missing this deadline could cost your family the chance to fight for justice in court. A fast partnership prevents this outcome.
Forming a swift partnership with a wrongful death lawyer is a move that strengthens your claim. The sooner we can start investigating, the better our chances of compiling comprehensive and convincing evidence.
Evidence can get lost as time passes. Witnesses’ memories fade. Physical evidence from the scene can be misplaced, and video footage can be erased, whether accidentally or on purpose. By acting quickly, we can collect that evidence while it is available or send a preservation letter to demand its safekeeping.
We Can Protect You From the Start
The emotional impact of an unexpected death upon families is intense. Disagreements among those left behind can erupt. A compassionate wrongful death attorney can explain how a wrongful death claim works and help your family understand the process, so you can put some of those disagreements to rest.
You may also want to talk to others or post on social media about your loved one’s death, but it’s best to maintain as much privacy as possible. It makes sense to be angry and want to vent and expose the at-fault party’s wrongdoing. Still, acting on those impulses can harm your case. We can give you critical guidance, so you can avoid making those understandable mistakes.
What to Expect When You Contact Our Charleston Wrongful Death Attorneys
You will see a long list of options when searching for a local wrongful death lawyer. Once you contact us, you will see the wisdom of your choice. First, we will arrange your free consultation. Then, we will immediately get to work investigating your loved one’s death and building your claim. Next, we assess your losses and send a demand letter to the other side’s representatives.
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.
Contact a Charleston Wrongful Death Attorney Near You
Warner Law Offices, PLLC is here for you. We know you are going through an extremely trying time and will do all we can to support you through it and get you justice. To request a free and confidential consultation with our wrongful death lawyers in Charleston, contact our West Virginia law firm today.
The statute of limitations gives you two years to file a claim with the court. To protect your right to fight for justice at trial, you need to file a claim with the court within that deadline. If you are afraid you are too late, you should still reach out. Some situations allow for deadline extensions.
Those who survive workplace accidents sometimes have grounds to pursue claims for work-related third-party injuries. The same applies to workplace deaths. A wrongful death attorney can review your situation to see if you have grounds for a third-party wrongful death claim.
According to WV Code wrongful death statutes, a jury or the court awards damages and “may direct in what proportions the damages shall be distributed” among beneficiaries.
Gather as many relevant documents as possible prior to meeting a lawyer. Helpful paperwork includes the death certificate, any police or accident reports and accompanying photo or video footage, autopsy or other medical reports, and your loved one’s will. You can bring proof of the deceased’s income and benefits, household expenses, and funeral costs. Compiling a list of family members and proof of your relationship with the deceased is also helpful.
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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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