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Huntington Wrongful Death Attorney

As the second largest city in West Virginia, with an approximate population of nearly 47,000, Huntington sees its fair share of sudden accidents. Between being the home of Marshall University and the hub of the Huntington-Ashland-Ironton metropolitan area, constant traffic of all kinds crowds our city’s streets.

We don’t like to think about any accidents and injuries occurring here, but, unfortunately, they do, and sometimes this results in fatalities.

One notable devastating accident in our city occurred in October 2023 when a driver under the influence of illegal substances instigated a police pursuit and crashed into another vehicle, costing the life of a 16-year-old boy.

Situations like this shouldn’t happen, but if they do, know that our understanding and compassionate Huntington wrongful death lawyers at Hendrickson & Long, PLLC, are here to assist you and your family during this most difficult time. We have the experience and qualifications to pursue legal action on your behalf and bring to justice the negligent party responsible for your loved one’s unexpected death.

Types of Wrongful Death Cases

Any kind of accident or incident may lead to serious injury or death. These are the most common wrongful death cases our office handles:

If none of the above-listed items matches the situation that took the life of your loved one, our office will likely still take on your case. Reach out to us today and see how we can help you and your family.

What Does the Claims Process Look Like?

In the case of the sudden death of a loved one, especially due to another individual’s negligent actions, you may be able to pursue a wrongful death lawsuit in the form of a civil suit. Your lawyer will likely advise you to begin this process as quickly as possible due to the two-year statute of limitations for civil suits.

Who Can File?

In West Virginia, unlike other states, the surviving spouse or immediate family members of a deceased individual are not allowed to file a wrongful death claim. According to WV Code 55-7-6, the appointed personal representative of the deceased person’s estate must file the claim in civil court on behalf of any beneficiaries.

Any awarded compensation may be distributed among some or all of the following relatives of the victim:

  • Spouse
  • Children
  • Parents
  • Siblings
  • Any person who was financially dependent on the deceased

If there are no surviving family members or beneficiaries, any awarded compensation will be distributed according to the victim’s will, and in the absence of a will, compensation will be distributed according to West Virginia’s inheritance law.

Damages That Can Be Claimed

As with many other civil cases, there are financial and non-financial damages that can be claimed for compensation in a wrongful death suit.

These generally include:

  • Medical expenses (including all treatment or hospitalization costs)
  • Loss of care or support
  • Loss of spousal companionship
  • Lost earning capacity
  • Lost inheritance
  • Funeral and burial costs

Additionally, in rare cases where gross negligence is found (i.e., the defendant is shown to have intentionally caused harm, either by action or inaction), the victim’s beneficiaries may also be awarded punitive damages as imposed by the court.

Why You Should Hire an Attorney

Dealing with the sudden and unexpected loss of a loved one is difficult enough. You shouldn’t also have the burden of pursuing a legal case against those responsible. Contact our office by phone or online so that a Huntington wrongful death lawyer from Hendrickson & Long, PLLC can discuss the details of your case.

Our knowledgeable attorneys handle cases just like yours from West Virginia residents every day. We meticulously gather all evidence, file the necessary paperwork, negotiate with other lawyers and the courts, and ensure you and your family receive the highest amount of compensation the law will allow.

We know that no amount of money will bring back your loved one, but we also know that by bringing to justice those who are responsible for your loved one’s death, you and your family will have the financial means to move forward. Don’t hesitate to reach out today.

We’re here for you.

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Call us or fill out the form on the right to tell us about your potential case. An attorney will get back to you as quickly as possible.