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When to File Wrongful Death Lawsuits


File a Civil Suit with Bailey Legal Services in West Virginia

It can be challenging to know when to file wrongful death lawsuits. West Virginia Law states that a deceased person’s estate can prosecute the individual who committed the act. While your thoughts may not immediately turn to legal implications, it’s essential to protect your interests. Do you know when you should file a lawsuit? The attorneys at Bailey Legal Services can help.

Our attorneys will explain how the state of West Virginia defines “wrongful death.” We will then explain the statute of limitations on filing civil suits. Finally, our attorneys will discuss who can recover damages from this type of suit. Bailey Legal Services prides itself on serving our clients in the best way possible. Our attorneys are happy to educate our West Virginia clientele on knowing when to file a wrongful death lawsuit.

Learn How West Virginia Law Defines the Term “Wrongful Death?”

West Virginia wrongful decease lawsuits seek damages from negligence in a person’s death. Individuals could pursue filing if the act permitted the deceased from submitting a personal injury lawsuit. Several events or acts can be the basis for a wrongful death lawsuit, including:


  •             Intentional Acts Such as Car Accidents
  •             Medical Malpractice
  •             Negligence (including crimes)


WV Code 55-7-6 governs wrongful decease claims in the state. This law provides families who lost a loved one due to negligence the right to file a civil suit. Many families pursue wrongful decease claims for more than money. They often file claims to seek justice, and hold the accused accountable. Wrongful death lawsuits can cause criminal cases, but won’t diminish the ability to bring a civil action seeking monetary damages.

You Must File Wrongful Decease Claims Within the Statute of Limitations

If you would like to file a wrongful death lawsuit, you must do so within the state’s statute of limitations. The time in West Virginia to file a lawsuit is two years from the death date. Failure to file the case within the statute of limitations can result in dismissal. The estate’s executor must file the lawsuit in a court of law. Representatives include immediate family members, life partners, distant family members, and all who suffer financially. Our team of professional lawyers can guide you through the process of filing a lawsuit within the statute of limitations.

Particular Individuals Can Acquire Damages in Wrongful Death Lawsuits

Courts will examine several factors surrounding the deceased, and their relationship with surviving family members. Depending on the circumstances of the death, courts can assess punitive damage to surviving family members. Typically, wrongful death damages can go to:

Spouses: The surviving spouse has a claim for the lost companionship as well as their own trauma.

Children: Minor children may also acquire damages for the lost benefits of their relationship with the deceased. Examples of these include comfort and support.

Parents: If a minor child dies, parents can recover damages for their emotional trauma and lost relationship.

In a successful lawsuit, the court orders the defendant to pay damages to the survivors. Under West Virginia law, individuals can acquire damage payment responsibilities for sorrow, lost income, and medical bills. If you would like advice on handling a wrongful death lawsuit, speak with one of our lawyers today. Bailey Legal Services prides itself on educating its clients about who receives damages in these cases.

Government Agencies Can Have Immunity in Wrongful Death Lawsuits

Immunity from a wrongful decease lawsuit means that a victim’s loved ones can’t sue the offending individuals. Privileges of immunity vary from state to state. Recent federal laws grant immunity from these claims to defendants in railroad collisions and specific medical device liability cases. If you think the accused could have immunity, give us a call today. Our team of lawyers can explain the entire process in a way that’s easy to understand.

Bailey Legal Services Can Help You File Wrongful Death Lawsuits

Since our inception, Bailey Legal Services has helped West Virginia residents with wrongful decease lawsuits and more. Attorney Michael Bailey has many years of experience handling every important and unique case. Our attorneys pride themselves on offering honest advice and high-quality representation to fight for what you deserve. Attorney Bailey and his staff always have the client’s best interest at heart with every case.

Since our inception, Bailey Legal Services has developed an outstanding reputation throughout West Virginia for providing top-notch service. We work with individuals and families throughout the Mountain State to provide prompt and professional legal help. Our client’s service is very important to us, and we strive to serve them well every day. Contact us to learn more about our wrongful death services throughout the state of West Virginia.

For more information on when to file wrongful death lawsuits, call Bailey Legal Services at (304)-736-0801. Clients can also contact us online,  email us, and like us on Facebook. Bailey Legal Services brings years of legal experience to the office every day for residents of the Mountain State. Our clients mean a lot to us, and we strive to serve them well every day. Attorney Bailey prides himself on going above and beyond the call of duty for his clients. Individuals going through wrongful decease lawsuits can trust Bailey Legal Services for the best possible service. Speak with our attorneys today to learn more about when to file wrongful death lawsuits.