Akers Law Offices, PLLC
Call Us Today to Schedule Your Free Initial Consultation
Charleston: 304-932-4571
Toll Free: 888-689-4893
  • Injured In An Accident?

    Protect your claim. Don’t talk to the insurance company. Don’t sign. Talk to us first.
    Tell Us About Your Accident
  • Suffered Serious Harm?

    You have rights at work, school and on others’ property. We’ll help you enforce them.
    Tell Us What Happened
  • Contact Us Today!

    We are here to help. Even if you just have questions about your rights and options.
    Get Your Free Consultation

When is it appropriate to file a wrongful death claim?

Considering a wrongful death claim after the death of a family member? Civil claims must be filed within a specified amount of time, so it is important to take legal action before the statute of limitations expires. West Virginia laws will determine the length of time that a family has to file a wrongful death claim, but a lawyer familiar with state laws should evaluate the individual situation and advise on all available options.

After a serious accident, the injured party could require medical attention for an extended amount of time. If he or she eventually dies, the family may be left with a significant financial burden and emotional pain. A wrongful death action may be an appropriate means to secure a judgment for monetary damages sustained.

In West Virginia, the statute of limitations for a wrongful death claim is two years from the time of death, but some exceptions exist. A family grieving over the loss of a loved one after a fatal accident may benefit by seeking advice concerning the viability of a possible claim. The success of a claim will depend upon the evidence that is presented in court, which may be more difficult to procure if a significant amount of time has passed since the accident.

A wrongful death claim will not erase the grief over the death of a family member, but it can be a feasible way to pursue a claim for financial relief after a fatal accident. When negligence or an intentional act results in a fatality, the party deemed responsible may be sued for damages. Deciding to file a claim is an important legal choice and one that must be made within the timeframe provided by applicable law.

Source: Findlaw, "Wrongful Death Claims: Time Limits and the "Discovery" Rule", Accessed on Feb. 9, 2015

No Comments

Leave a comment
Comment Information

Get The Legal Help You Deserve. Contact Us Today.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Case Results

  • Lorem ipsum dolor sit amet, donec morbi dolor massa velit mi, etiam nunc etiam libero eu ac augue, sapien venenatis et mattis a tortor.
Read More >


  • Lorem ipsum dolor sit amet, donec morbi dolor massa velit mi, etiam nunc etiam libero eu ac augue, sapien venenatis et mattis a tortor.
Read More >