West Virginia Wrongful Death Attorney

What is Wrongful Death?

When an individual knowingly or negligently causes the death of another individual, family members, or dependents can bring a wrongful death lawsuit against the individual. Because there is a lower burden of proof in the wrongful death action, even if the defendant is not found guilty of the criminal charge, the wrongful death action may find the defendant liable.

What is Considerd a Wrongful Death?

Not all accidental deaths are considered "wrongful." To establish a claim for wrongful death in West Virginia, there must be proof that the party who caused the fatality committed negligence or an intentional wrongful act. There must also be proof that a death could have been prevented if it were not for the responsible party's negligence.

If the accident was caused by another person's negligence, retaining the services of a skilled wrongful death lawyer to manage the case will enable you to stay focused on other important matters.

Dial (888) 492-4303 or contact us online to discuss your claim with our wrongful death lawyers in detail.

What is the Statute of Limitations on Wrongful Death Lawsuits in West Virginia?

In West Virginia, the survivors of a decedent have two years to file a claim for wrongful death. Our West Virginia wrongful death lawyers at Fitzsimmons Law Firm, PLLC have been representing families for more than 40 years. With more than $1 billion recovered in verdicts and settlements, we have what it takes to help you seek justice.

Compensation for Wrongful Death in West Virginia

A West Virginia wrongful death attorney can investigate the case and pursue wrongful death compensation to help cover the costs of:

  • Medical expenses
  • Funeral and burial expenses
  • Loss of companionship
  • Loss of support
  • Lost wages and future wages

In addition to recovering damages for costs, the defendant may also be charged with punitive damages in order to punish the individual for the wrongdoing committed.

The Fitzsimmons Law Firm PLLC is an established and trusted personal injury firm that can provide wrongful death legal advice and assistance during this difficult time. Our firm will prepare and submit your claim, and vigorously pursue a just financial settlement. When you need an experienced wrongful death attorney, turn to our West Virginia law firm.

What Are the Causes of Wrongful Death?

The loss of a loved one in an accident can be extremely painful. Addressing legal issues that pertain to death can be especially difficult during the grieving process.

Wrongful death claims frequently arise in relation to deaths caused by:

Who Can File a Wrongful Death Lawsuit?

After a loved one passes away due to wrongful death, it is difficult to immediately enter into a negligence lawsuit. Grieving takes time and dealing with the overwhelming nature of paperwork and negotiations is not the best way to heal.

Receiving compensation for the unfair loss is important however, the recovery process is just as important. Most commonly, family members of the wrongful death victim will bring the lawsuit forward.

The surviving family members that generally sue for wrongful death include:

  • The spouse of the victim
  • A parent of the victim
  • Children of the victim

There are instances; however, when an extended family member or grandparent files the lawsuit and sues for wrongful death. It depends on the unique case but no matter who is bringing the lawsuit, a skilled legal representative from our firm is necessary to ensure that compensation is fought for.

Get a Lawyer for a Wrongful Death Case in West Virginia

When a person has been fatally injured in an accident caused by another person or entity's negligence, carelessness, or recklessness, his or her family may be entitled to monetary damages. The death of a family member can have both an emotional and financial impact on a family.

How The Fitzsimmons Law Firm, PLLC Can Help You

The firm has recovered in excess of a billion dollars in verdicts and settlements for its clients and is one of the nation's leading injury compensation firms. Attorneys at the firm know the many hardships you are likely to face and are there to support you in any way they can.

Bob Fitzsimmons is recognized as one of The Best Lawyers in America and one of the top 75 Plaintiff Lawyers in the U.S. He has also been consistently ranked among the top 10 Super Lawyers in the state.

He has been recognized in:

  • GQ Magazine
  • Reader's Digest
  • New York Times
  • ESPN
  • HBO Real Sports
  • Men's Journal
  • Numerous national insurance journals
  • And is a former elected official of the West Virginia State Bar's Board of Governors

The firm will oversee all aspects of your claim and keep you regularly updated and informed of the progress of your case. They offer professional and compassionate representation and can be depended on for unrelenting advocacy.

Contact our West Virginia wrongful death attorneys for proven representation if a loved one was injured in an accident caused by another person's negligence. Call (888) 492-4303!


  • Fitzsimmons Law Firm, PLLC We give the Fitzsimmons Law Firm the highest recommendation possible.
  • Fitzsimmons Law Firm, PLLC We would definitely use their office again if we ever needed to and would HIGHLY recommend them to anyone.
  • Fitzsimmons Law Firm, PLLC Let me assure you no one works harder then they do
  • Fitzsimmons Law Firm, PLLC Bob was very compassionate and empathetic to my situation.
  • Fitzsimmons Law Firm, PLLC I was very fortunate to have had the pleasure of Bob Fitzsimmons representing me over the years, and would highly recommend his Law Firm.
  • Fitzsimmons Law Firm, PLLC He is one of the finest attorneys in the nation.
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