Wrongful Death

A wrongful death claim is a suit that arises from the death of an individual that was caused by the conduct of another. A wrongful death suit is different from other types of personal injury claims because the actual victim (the “decedent”) is not bringing suit, rather it is the family members or the decedent’s estate. As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family and/or estate have suffered due to the death of the victim.

At HAMSTEAD, WILLIAMS & MEEK PLLC, we understand that no amount of money can make up for the loss of a loved one. However, we help our clients achieve financial security so they can focus on recovering from their loss.

To file a wrongful death suit in West Virginia, you must show that:

• The death of a person was caused by a wrongful act, neglect or default;
• The act, neglect or default would have entitled the person to file an action to recover damages had the death not occurred;
• There are surviving beneficiaries, children, or dependents of the victim (W. Va. Code § 55-7-5);
• Monetary damages have resulted form the decedent’s death.

West Virginia law makes a distinction between persons who can file a wrongful death suit and persons who are beneficiaries. Only certain individuals can file wrongful death claims, and those that are allowed to sue do so on behalf of others. In West Virginia, a personal representative of the deceased person may file a suit on behalf of the surviving spouse, children or parents. A personal representative is a person appointed by the estate of the decedent to represent the beneficiaries.