How long do I have to file a wrongful death claim in West Virginia?

You have 2 years to file a wrongful death claim in West Virginia. This means you have 2 years from the date of your loved one's death to file your claim. If you are unsure about whether you have a valid claim or are even eligible to file a West Virginia wrongful death claim for a loved one, you should speak to a Clarksburg wrongful death attorney as soon as possible. This may prevent you from missing the deadline and may help your attorney gather important evidence that may get lost or destroyed if too much time has passed. 

All wrongful death cases are unique, but will require you and your attorney to prove that another party's negligence resulted in the death of your loved one. Establishing this neglect will require a variety of evidence that may be difficult for you to obtain on your own. There is some evidence that you probably didn't even think was relevant to your case.

For example, trucking companies are legally allowed to destroy important records concerning truck accidents within 60 days of the incident. These records may be the most important piece of evidence in your claim. This means it is not only important to know what evidence to ask for, but to act quickly to preserve this evidence before it's too late.

Besides helping to secure evidence, your Clarksburg wrongful death attorney can work with experts including medical professionals, economists, and accident reconstructionists to help defend the validity of your claim and estimate the amount of damages to request.

A West Virginia wrongful death claim may compensate survivors for: 
  • pain and suffering;
  • hospital bills;
  • funeral costs;
  • loss of financial support to your household; and
  • other considerations. 


A Clarksburg wrongful death attorney can help you understand which damages you may qualify for as well as the strengths and challenges involved in your West Virginia wrongful death claim.

The Miley Legal Group will work with you to fight for the compensation you deserve after the tragic loss of your loved one. Contact us today to schedule a no-cost consultation - 304-326-1800