Wrongful Death Lawyer West Virginia
Losing someone you love is devastating under any circumstances. When that loss happens because another person or company acted carelessly or wrongfully, the grief is compounded by a sense of injustice that is hard to put into words. You are trying to hold your family together, handle funeral arrangements, and figure out what comes next — all while dealing with a loss that may have come with little warning. At Stroebel & Stroebel, PLLC, we understand that no lawsuit will bring your loved one back. But pursuing a wrongful death claim can hold the responsible party accountable, ease the financial burden your family is now facing, and honor the life of the person you lost.
If you believe a family member’s death was caused by someone else’s negligence or misconduct, call us at 304-346-0197 or send us a message anytime. We respond promptly.
What Is a Wrongful Death Claim in West Virginia?
West Virginia law gives certain family members the right to file a civil lawsuit when a person is killed as a result of another party’s wrongful act, neglect, or default. This right is established under West Virginia Code § 55-7-5.
A wrongful death claim is separate from any criminal charges that may be filed. Even if no criminal case is pursued — or even if a criminal defendant is acquitted — a civil wrongful death case can still succeed. The standard of proof in a civil case is lower than in a criminal case, meaning your family may still obtain justice and compensation even when the criminal system falls short.
Common causes of wrongful death cases in West Virginia include:
- Fatal car, truck, or motorcycle accidents caused by a negligent driver
- Deaths resulting from police misconduct or excessive force
- Medical malpractice that leads to a patient’s death
- Violent crimes where the perpetrator can be held civilly liable
- Premises liability, such as a fatal slip and fall on a dangerous property
Who Can File a Wrongful Death Claim?
Under West Virginia law, a wrongful death claim is filed by the personal representative of the deceased person’s estate. The compensation recovered, however, is distributed to the surviving beneficiaries.
If you are unsure whether you have standing to pursue a claim, we can walk you through exactly where you stand during a free consultation.
What Stroebel & Stroebel Does in Wrongful Death Cases
Paul E. Stroebel and Paul M. Stroebel handle wrongful death cases with the same commitment they bring to every client: aggressive advocacy, honest communication, and genuine personal attention. This is not a call center — when you contact our firm, you speak with an attorney.
When you hire us, we:
- Investigate the cause of death thoroughly, gathering evidence before it disappears — accident reports, surveillance footage, medical records, witness statements, and expert opinions where needed
- Identify all responsible parties, which may include individual drivers, employers, government agencies, manufacturers, or insurance companies
- Calculate the full value of your loss, including economic damages and the non-economic losses that are harder to quantify but no less real
- Handle all communication with insurance companies so you are not pressured into a settlement that does not reflect what your family deserves
- Litigate aggressively in West Virginia Circuit Court or Federal Court if the responsible party refuses to offer a fair resolution
We handle wrongful death cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for your family.
Damages Available in a West Virginia Wrongful Death Case
West Virginia law allows surviving beneficiaries to recover a wide range of damages, including:
- Medical and funeral expenses incurred as a result of the death
- Lost income and future earnings the deceased would have provided to the family
- Loss of services, support, and companionship — including the value of care, guidance, and household contributions
- Mental anguish and grief suffered by surviving family members
- Punitive damages in cases involving egregious or intentional misconduct
Every case is different, and the value of a wrongful death claim depends on the specific circumstances.
Frequently Asked Questions
How long do I have to file a wrongful death claim in West Virginia?
In most cases, you have two years from the date of death to file a wrongful death lawsuit in West Virginia. Waiting too long can permanently bar your family from recovering compensation, so it is important to speak with an attorney as soon as possible.
What if the death was partially caused by the deceased person’s own actions?
West Virginia follows a modified comparative fault rule. Your family may still recover damages even if your loved one was partially at fault, as long as their share of fault does not exceed 50%. Any compensation awarded would be reduced proportionally.
Do I need to go to court?
Many wrongful death cases are resolved through settlement negotiations without going to trial. However, we prepare every case as if it will be tried in front of a jury — and if a fair settlement is not offered, we are fully prepared to take the case to court.
How much does it cost to hire a wrongful death attorney?
We handle wrongful death cases on a contingency fee basis. You pay nothing upfront and no attorney fees unless we recover compensation for your family.
What if the person responsible has already been criminally charged?
A criminal case and a civil wrongful death case are entirely separate proceedings. We can pursue a civil claim regardless of the outcome of any criminal charges.
Contact Stroebel & Stroebel, PLLC
Your family deserves accountability. If you believe your loved one’s death was caused by someone else’s negligence or wrongful conduct, the attorneys at Stroebel & Stroebel, PLLC are ready to help.
Call us at 304-346-0197 or send us a message anytime — we respond promptly.
Stroebel & Stroebel, PLLC
405 Capitol Street, Suite 102
Charleston, WV 25301
The information on this page is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.