Wrongful Death Attorney

Accepting Cases in Morgantown, Wheeling, Martinsburg & Nearby West Virginia

When you have lost a loved one as a result of someone else’s negligence or wrongdoing or due to injuries caused by a defective product, no amount of money is going to take away your grief or replace the future you should have had together. In addition to the crushing grief and deep personal loss, you may be suddenly facing a very uncertain financial future. A wrongful death claim in WV may allow you to recover compensation that will restore your financial future and help you move forward in life. Wrongful death lawsuits can also bring you some measure of justice.

A WV wrongful death lawsuit is meant to compensate loved ones. It is not a criminal case and it does not matter if there was a criminal case against the defendant. If there was, it does not matter whether the defendant was or was not convicted. WV wrongful death claims are civil actions and completely separate form any criminal charges. Additionally, in most cases we seek compensation from the insurance company rather than an individual, so it does not matter that the person who caused your loved one’s death cannot personally afford to pay.

To learn more about your rights and how we can help, please contact Mehalic Law PLLC today on line or at 304-873-9186 to schedule a free consultation. We help clients throughout West Virginia, Morgantown, Wheeling, Martinsburg and other areas.

Who Can Be a Beneficiary in a West Virginia Wrongful Death?

Like most states, West Virginia is specific when it comes to who may receive compensation in a WV wrongful death claim. This includes:

• Spouse
• Children, including stepchildren and adopted children
• Parents and siblings
• Anyone who was financially dependent on the decedent

If none of the above exists, beneficiaries are designated according to the will. If there is no will, beneficiaries are designated according to West Virginia’s law of intestate succession.

A common law spouse may be an eligible beneficiary in a wrongful death lawsuit. You cannot form a common law marriage in West Virginia, but all states recognize common law marriages formed legally in states which allow it.

If you were in a relationship which you believed constituted common law marriage formed in West Virginia, you do not qualify as a spouse, but you may still be eligible for wrongful death compensation if you were financially depended on the decedent.

These cases are very complicated and require more proof than a straightforward wrongful death claim by a spouse bound by traditional marriage, especially if there are family members or others who are trying to prevent you from becoming a beneficiary.

I understand how devastating it can be to discover that, not only have you lost your life partner, but now you have to prove the legitimacy of your relationship and fight for the compensation you know your loved one would have wanted for you. We can help.

Damages in a Wrongful Death Claim in West Virginia

When a loved one dies because of another party’s negligence or wrongful actions, surviving family members may have the right to pursue compensation through a wrongful death claim in West Virginia. While no financial recovery can replace the loss of a family member, damages in a wrongful death case are intended to help families recover from the emotional and financial hardships caused by the loss.

West Virginia law allows certain surviving relatives to seek compensation for both economic and non-economic damages connected to the death. The specific damages available will depend on the circumstances of the case, the evidence presented, and the impact the loss has had on the surviving family members.

Your Loved One’s Pain and Suffering From the Time of Injury to the Time of Death

In some wrongful death cases, the deceased person may have experienced significant physical pain and emotional suffering before passing away. Compensation may be available for the pain, fear, emotional distress, and suffering your loved one endured between the time of the injury and the time of death.

For example, if a person survived for hours, days, or even months after an accident before passing away, evidence such as medical records, witness testimony, and expert opinions may help establish the extent of their suffering. These damages recognize the physical and emotional trauma experienced before death occurred.

Your Loved One’s Lost Income From the Time of Injury to the Time of Death

If the injured person was unable to work between the accident and their death, the estate may seek compensation for lost wages and employment benefits during that period. This can include salary, hourly wages, bonuses, commissions, retirement contributions, and other forms of compensation the individual would have earned had they been able to continue working.

Lost income damages are especially important when the injured person was the primary source of financial support for the household.

Your Loved One’s Medical Expenses From the Time of Injury to the Time of Death

Wrongful death claims may also include compensation for medical expenses related to the fatal injury. These expenses can quickly become overwhelming for families, especially if the deceased required emergency treatment, surgeries, hospitalization, rehabilitation, or life-support care before passing away.

Recoverable medical expenses may include ambulance transportation, emergency room treatment, surgeries, medications, intensive care, specialist visits, and other healthcare costs directly connected to the injury.

Your Sorrow and Mental Anguish

The emotional impact of losing a loved one can be devastating. West Virginia law allows surviving family members to seek compensation for sorrow, grief, and mental anguish caused by the death.

This type of damage recognizes the deep emotional suffering family members often experience after losing a spouse, parent, child, or other close relative. While emotional losses cannot be measured in the same way as financial losses, they are still considered an important part of a wrongful death claim.

Loss of Society, Companionship, Comfort, Guidance, and Advice

The death of a loved one often creates a permanent void in the lives of surviving family members. Compensation may be awarded for the loss of companionship, emotional support, comfort, guidance, and advice the deceased would have continued providing.

For example, children may lose the guidance and support of a parent, while a surviving spouse may lose companionship, affection, and emotional partnership. These losses can affect families for many years after the death occurs.

Loss of Income Your Loved One Would Have Provided

Families may also recover compensation for the future income the deceased person would likely have earned and contributed to the household had they survived.

Courts may consider factors such as the person’s age, occupation, earning capacity, education, work history, and expected career growth when calculating these damages. In many cases, financial experts are used to estimate the value of future lost earnings over the course of the person’s expected lifetime.

Value of the Services, Assistance, Care, and Protection Your Loved One Would Have Provided

Many individuals contribute valuable non-financial support to their families. A wrongful death claim may include compensation for the value of household services, childcare, caregiving, transportation, maintenance work, and other assistance the deceased would have continued providing.

Even if the loved one did not earn a significant income, the services they provided to the family may still have substantial economic and emotional value.

Funeral and Burial Expenses

Funeral and burial costs can place a significant financial burden on grieving families. West Virginia wrongful death claims commonly include compensation for reasonable funeral, burial, cremation, memorial, and related expenses associated with laying a loved one to rest.

These damages help relieve some of the immediate financial stress families face following an unexpected death while ensuring they are not forced to bear these expenses alone.

Your Free Consultation with Mehalic Law PLLC PPLC

I am attorney Jeff Mehalic. When you choose Mehalic Law PLLC, I will be the only attorney you deal with and will handle your case personally. We know that this is important to clients in any type of case but can be even more important to those who are going through the grief and pain of losing a loved one.

You will not be shuffled off to an assistant or another attorney. Your consultation is free of charge and if we move forward, I will represent you on a contingency fee basis. Please call us today at 304-873-9186 to schedule your free consultation. Mehalic Law PLLC serves Morgantown, Wheeling, Martinsburg and nearby areas throughout West Virginia.