Wrongful death claim complications can come up regarding the timeframe to file the lawsuit. The statute of limitations only allows for a certain amount of time to pursue legal action, and it is two years for wrongful death cases in West Virginia. For help in understanding how this may impact your case, contact a personal injury attorney in Clarksburg.
Statute of Limitations for Wrongful Death
According to West Virginia law, you have two years to file a claim from the date of the individual’s death. It is not based on when the injury happened, but when it resulted in the loss of life. So if your loved one did not die immediately from the accident but died from injuries sustained in the accident, the start date would be from the time of death.
For example, if your loved one was severely injured in a motorcycle accident on Feb 12, 2012 but died from his injuries on April 3, the latter would be the starting point. You would have until April 3, 2014 to pursue legal action in this case.
Of course, it is generally a good idea to talk with a personal injury attorney in Clarksburg as soon as possible. The sooner you get started on your case, the better your chances may be to preserve evidence for the wrongful death claim.
There are other wrongful death claim complications involving family members that can come up throughout t he claims process, such as who is entitled to the settlement, so discuss your case with an attorney.
Seeking Help from a Personal Injury Attorney in Clarksburg
To learn if you are entitled to receive wrongful death damages, contact an attorney at The Miley Legal Group at 888-436-0859. We can explain how the statute of limitations may impact your case, along with other wrongful death claim complications that could arise.