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Phone: 304.931.4088
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  • The Miley Legal Group
  • 229 West Main Street
    Clarksburg, WV 26301
  • Phone: 304.931.4088
  • Fax: (304) 326-1801
  • Toll Free: 888.436.0859
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What do I need to prove in order to file a wrongful death claim in West Virginia?

In order to file a West Virginia wrongful death claim, you must be able to prove that the negligence or wrongdoing of another resulted in serious injury to your loved one. You'll also have to show that the injury or illness your loved one sustained eventually led to their death.

For example, if a healthcare provider fails to provide an acceptable standard of care to a patient, or even delays care, this can cause significant further injury to the patient. When this happens, that healthcare provider could be held liable in a West Virginia wrongful death claim.

West Virginia wrongful death claims can also be brought against individuals or companies whose negligence led to the fatality of another. This includes: 
  • motor vehicle accidents;
  • slip and fall accidents;
  • workplace accidents;
  • defective product accidents; or
  • any other type of fatal accident caused by negligence. 


You'll most likely need to work with an experienced West Virginia wrongful death attorney to gather the necessary evidence to establish the negligence of the party or parties you are suing. This evidence may include: 

  • police reports;
  • medical records;
  • eyewitness statements;
  • photographs and/or video;
  • and other types of evidence specific to your case 


There are limitations that only allow certain people to file a West Virginia wrongful death claim as well as a statute of limitations that defines how long you have to file the claim from the time of your loved one's death.

A West Virginia wrongful death attorney can look at the circumstances of your loved one's passing and determine your eligibility for filing a West Virginia wrongful death claim, as well as what the process entails and any complexities that may exist for your case.

Contacting a West Virginia Wrongful Death Attorney 

If a loved one has died because of someone's negligence, don't hesitate to seek justice. The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a no-cost consultation - 304-326-1800.

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