West Virginia Wrongful Death Attorneys

Have you lost a loved one due to an act of negligence? Losing someone close to you is devastating under any circumstances, but when a loved one suffers an untimely death because of the negligent or reckless actions of another person or party, the pain is much more difficult to endure.

Since 1970, the attorneys at Bailey, Javins & Carter, L.C., have helped families like yours recover compensation after a loved one was taken away from them too soon. Our lawyers have in-depth knowledge of West Virginia wrongful death statutes, and we put our extensive experience to work to stand up for those who have lost someone close to them, and to help ensure that those responsible for their death are held fully accountable.

We will help you get answers about why this tragedy occurred. We will conduct a full investigation of the circumstances that resulted in your loved one’s death, and we will gather all the facts and preserve all the critical pieces of evidence, so we can get to the bottom of what happened. While we know that nothing can bring back a lost loved one and there is no amount of money that can ever be considered fair compensation, we will help you recover everything you are entitled to.

Strong Wrongful Death Representation Inside the Workplace and Out

Losing a loved one is an unimaginable tragedy, and the pain is compounded when that death is caused by the negligence or wrongdoing of another person or company. During this incredibly difficult time, you need an advocate who understands the legal complexities and can fight for the justice your family deserves. 

Our law firm provides compassionate and effective representation to families who have suffered the wrongful death of a loved one, whether the tragedy occurred in the workplace or elsewhere.

We understand that you are in a state of shock and grief. Our primary goal is to handle the legal burdens so you can focus on healing and being with your family. We want you to know that we will be here for you throughout this entire process, and our support extends far beyond just the wrongful death claim itself. There will be additional issues related to your loved one’s estate that need to be addressed even before the claim can be formally pursued.

These matters can be complicated and time-consuming, but you can rest assured that we will handle every detail. From the initial probate filings to the final judicial approval of a settlement at the end of the case, we will be by your side, managing all the complex legal issues that may arise. This frees you from the stress and confusion, allowing you to be present for your family during this trying time.

A History of Fighting for Workers and Their Families

Our reputation was built on the foundation of successfully representing victims of coal mine accidents and those suffering from black lung and other occupational lung diseases. 

The coal mining industry, while a cornerstone of many communities, is fraught with inherent dangers. We have stood by countless families who have lost a loved one due to a mining accident or a long-term, preventable illness caused by their work environment. 

We have a deep understanding of the specific laws and regulations that govern this industry and a history of holding negligent companies accountable. Our work in this area is extensive, and we have represented fallen miners and their families from all over West Virginia, including those from mines such as:

• Seneca Coal Pinnacle Mine
• Patriot Coal Brody Mine
• Upper Big Branch
• Rock Springs Development Mine
• Robinson Run Development Mine
• Spartan Mining’s Roadfork 51 mine
• Murray’s Marion County Coal Mine
• Pocahontas Mine

This deep knowledge of the industry is invaluable when pursuing a wrongful death claim in a complex industrial setting.

We know the corporate structures, the safety protocols (or lack thereof), and the legal strategies required to build a strong case against powerful corporations. This history of successful representation has instilled in us a profound commitment to protecting the rights of workers and their families, and we carry this dedication into every case we take on, regardless of the industry.

Wrongful Death Lawsuits in West Virginia: Understanding Your Rights

A wrongful death claim is a civil action that seeks monetary damages when a person’s death is caused by the negligence, carelessness, or intentional act of another person or party. In essence, it is a personal injury lawsuit where the injured party is no longer alive to file the claim themselves. Instead, the claim is brought by the decedent’s family or estate. It’s important to understand that this type of legal action is separate from any criminal proceedings that may be ongoing.

Even if the person responsible for the death is acquitted in a criminal court, a civil wrongful death claim can still be successfully pursued and can result in a significant financial recovery for the family. The legal standard in a civil case is lower than in a criminal case, focusing on a “preponderance of the evidence” rather than “beyond a reasonable doubt.” This means that the jury or judge must find it more likely than not that the defendant’s actions caused the death. Wrongful death lawsuits are critical for providing financial stability to the family left behind and for holding the responsible parties accountable for their actions, which can help prevent similar tragedies from happening to others.

The Foundation of a Wrongful Death Claim

To establish a valid wrongful death claim in West Virginia, specific legal requirements, often referred to as elements, must be met. These elements ensure that the case meets the legal criteria for negligence or willful misconduct. The ability to demonstrate these four points is fundamental to the success of the claim:

1. Duty of Care

The first step is establishing that the defendant (the person or party being sued) owed a duty of care to the deceased person. A duty of care is a legal obligation to act reasonably to avoid harming others. In a car accident, for example, every driver has a duty to obey traffic laws and operate their vehicle safely. A doctor has a duty to provide medical treatment that meets the accepted standard of care. This duty varies depending on the relationship between the parties and the context of the situation.

2. Breach of Duty

Once the duty of care is established, the next requirement is demonstrating that the defendant breached that duty. A breach occurs when the defendant fails to act as a reasonably prudent person would have under the same circumstances. If a property owner knew about a dangerous hazard but failed to fix it or warn visitors, they may have breached their duty. If a truck driver violated federal rules regarding mandatory rest periods, leading to fatigue and an accident, that is a breach. This element focuses on the unreasonable action or inaction that led to the death.

3. Causation

Causation is often the most complex element. It requires showing a direct link between the defendant’s breach of duty and the decedent’s death. This is broken into two parts: actual cause (or “but-for” cause) and proximate cause (or legal cause). The death must have occurred because of the defendant’s negligent act, and it must have been a reasonably foreseeable consequence of that act. If the death had occurred regardless of the defendant’s actions, causation cannot be proven.

4. Damages

Finally, the family must demonstrate that they suffered actual, measurable damages as a result of the death. Damages are the losses—both economic and non-economic—for which the family seeks compensation. If a legal claim meets the first three elements but there are no identifiable losses for the family, a successful wrongful death action cannot proceed. The categories of these damages are detailed in a later section.

Who Can File a Lawsuit in West Virginia? 

Navigating the legal landscape after the loss of a loved one is an emotionally taxing and complex endeavor. In West Virginia, the statutes governing wrongful death claims are specific and differ significantly from other types of personal injury litigation. Understanding who has the legal standing to initiate a lawsuit is the first step in seeking justice and financial stability for the survivors.

The Legal Definition of Wrongful Death

In West Virginia, a wrongful death is defined as a death caused by the “wrongful act, neglect, or default” of another party. If the deceased person had been entitled to file a personal injury lawsuit had they survived, the law allows a claim to be brought after their passing. This includes deaths resulting from car accidents, medical malpractice, workplace incidents, or intentional acts of violence.

The Mandatory Role of the Personal Representative

Unlike many other states where family members can file a claim directly, West Virginia law dictates a very specific procedural requirement: the lawsuit must be filed by the Personal Representative (also known as the Administrator or Executor) of the decedent’s estate.

Even if you are the surviving spouse or the sole child of the deceased, you do not have the automatic legal standing to sign the initial court documents unless you have been officially appointed to this role. The Personal Representative acts as the legal “bridge” between the court system and the beneficiaries.

How a Personal Representative is Appointed

The appointment of a Personal Representative typically occurs through the probate process in the county where the deceased person resided.

• With a Will: If the decedent left a valid will, they likely named an Executor. This person must still be confirmed and appointed by the local circuit court or county commission.
• Without a Will: If the decedent died “intestate” (without a will), the court will appoint an Administrator. Usually, the law gives preference to the surviving spouse, followed by other close relatives.

Once appointed, this individual receives “Letters of Administration,” which grant them the legal authority to act on behalf of the estate, including the right to hire an attorney and file a wrongful death lawsuit.

Duties of the Personal Representative

The Personal Representative carries a “fiduciary duty.” This means they are legally obligated to act in the best interests of the beneficiaries, not necessarily their own interests. Their responsibilities include:

1. Hiring Legal Counsel: Selecting an attorney experienced in West Virginia wrongful death law.
2. Gathering Evidence: Working with experts to prove the defendant’s liability.
3. Managing Documentation: Keeping meticulous records of medical bills, funeral expenses, and lost wages.
4. Communicating with Beneficiaries: Keeping the family informed about the progress of the case.
5. Approving Settlements: Making the difficult decision of whether to accept a settlement offer or proceed to a jury trial.

Statutory Beneficiaries: Who Receives the Compensation?

While the Personal Representative is the one who files the paperwork and manages the case, they do not necessarily keep the proceeds. West Virginia law (W. Va. Code § 55-7-6) specifies a hierarchy of “statutory beneficiaries” who are entitled to the damages recovered in a successful claim.

1. The Surviving Spouse and Children

The spouse and children are the primary beneficiaries. This includes biological children, legally adopted children, and, in many cases, stepchildren who were financially dependent on the deceased. The law recognizes that these individuals typically suffer the greatest financial and emotional loss.

2. Surviving Parents

If the deceased person was unmarried and had no children (as is often the case with young adults or minors), the parents are the next in line to receive compensation. They may seek damages for the loss of their child’s companionship and the emotional trauma of the loss.

3. Siblings

If there is no surviving spouse, no children, and the parents have already passed away, the law allows siblings of the deceased to be named as beneficiaries.

4. Other Dependent Relatives

West Virginia law is unique in that it allows for “other relatives” to be included if they were actually dependent on the deceased for support. This can include cousins, aunts, uncles, or even grandparents, provided it can be proven that they shared a household and relied on the decedent for financial or caregiving needs.

Types of Damages Recoverable in West Virginia

A wrongful death claim in West Virginia seeks to compensate for several different types of losses. The jury or a settlement agreement will typically divide the recovery into the following categories:

• Sorrow and Mental Anguish: This covers the emotional pain, suffering, and loss of companionship experienced by the survivors.
• Loss of Income: This calculates the wages and benefits the deceased would have reasonably earned over their expected lifetime.
• Loss of Services: This compensates for the “household” work the decedent performed, such as childcare, maintenance, and domestic management.
• Medical and Funeral Expenses: The estate is reimbursed for the costs associated with the decedent’s final illness or injury and the costs of a dignified burial.
• Punitive Damages: In rare cases where the defendant’s conduct was particularly malicious or reckless, the court may award punitive damages to punish the wrongdoer and deter others.

The Distribution Process

If a settlement is reached or a verdict is awarded, the Personal Representative does not simply hand out checks. Under West Virginia law, if the beneficiaries cannot agree on how to divide the money, a judge will hold a hearing.

The court will look at the “degree of dependency” and the nature of the relationship each beneficiary had with the deceased. For example, a minor child who lost a father may receive a larger portion of the “loss of income” damages than an adult child who was already financially independent.

Important Time Limits: The Statute of Limitations

Time is of the essence in these cases. West Virginia generally imposes a two-year statute of limitations on wrongful death claims. This means the Personal Representative must file the lawsuit within two years of the date of the death.

Failure to meet this deadline almost always results in the permanent loss of the right to sue. It is important to remember that the process of being appointed as a Personal Representative can take several weeks or months, so families should begin the legal process as soon as they feel capable of doing so.

Why You Need a West Virginia Attorney

Because the family cannot file the claim themselves, and because the Personal Representative faces significant legal hurdles, professional guidance is essential. An attorney helps by:

• Expediting the Appointment: Navigating the probate court to get the Personal Representative appointed quickly.
• Expert Testimony: Hiring accident reconstructionists or medical experts to prove how the death occurred.
• Valuing the Claim: Working with economists to ensure the family asks for the true lifetime value of their loved one’s lost earnings.
• Negotiating with Insurers: Handling aggressive insurance adjusters who may try to settle for far less than the claim is worth.

Filing a wrongful death lawsuit in West Virginia is a structured process designed to ensure that the estate is handled professionally and that all eligible family members are protected. While no amount of money can replace a lost loved one, the law provides a pathway to hold negligent parties accountable and provide the financial support that survivors need to move forward. If you believe you have a claim, the first step is to consult with a legal professional to begin the process of appointing a Personal Representative and protecting your family’s future.

The Crucial Time Limit: Statute of Limitations

In West Virginia, a wrongful death action must be initiated within a strict time frame, known as the statute of limitations. If the lawsuit is not filed with the proper court within this period, the family will almost certainly be barred from seeking recovery forever, regardless of how strong the evidence is.

The general rule in West Virginia is that a wrongful death claim must be filed within two years of the date of the person’s death.

This two-year deadline begins running from the actual date the life was lost, not the date the injury occurred. There are very few exceptions to this rule. One such exception is the “discovery rule,” which may apply in certain medical negligence cases where the connection between the negligence and the death was not immediately known or reasonably discoverable. However, relying on an exception is difficult and uncertain. Because evidence can disappear, witnesses can move, and memories can fade, it is always best practice to begin the legal process as soon as possible after the tragedy occurs.

Categories of Damages in a Wrongful Death Action in West Virginia

When a wrongful death claim is successful, the family may be entitled to several categories of damages. These damages are designed to compensate the family for both their financial losses (economic) and their emotional suffering (non-economic). The goal of these damages is to help the family regain some semblance of the life they had before the tragedy occurred.

Economic Damages (Tangible Losses)

These damages represent verifiable financial losses. They are generally calculated using financial records, pay stubs, and actuarial analysis.

• Medical Bills Related to the Injury: This includes all costs associated with the medical care and treatment the loved one received from the time of the injury until their passing, including ambulance services, hospital stays, doctor fees, and medications.
• Funeral and Burial Costs: The costs associated with laying a loved one to rest, including wake services, cremation, burial plots, and headstones.
• Lost Wages and Benefits: This is a crucial component of many wrongful death claims. It includes the lost income and benefits the decedent would have earned from the time of their death until their expected retirement age, had they lived. The calculation of future lost earnings requires a careful analysis by an economist or other financial professional to account for anticipated raises, inflation, and the decedent’s projected career path.
• Loss of Services and Care Provided by the Decedent: This category accounts for the value of the non-monetary, yet vital, contributions the deceased made to the family unit. This can include the cost of replacing services such as childcare, tutoring, household maintenance, landscaping, or financial management, which the deceased provided free of charge.

Non-Economic Damages (Intangible Losses)

These damages are intended to compensate the beneficiaries for the emotional and relational losses that cannot be easily assigned a monetary value.

• Sorrow, Mental Anguish, and Solace: This is a key category intended to compensate the family for the profound emotional suffering they are enduring due to the loss of their loved one. This includes the distress, grief, and sadness felt by the immediate family members.
• Loss of Companionship, Society, Guidance, Comfort, Kindly Offices, and the Advice of the Decedent: This category recognizes the irreplaceable loss of the relationship and emotional support the deceased provided to their family members. For a child, this loss includes the guidance and instruction that a parent would have provided through their formative years. For a spouse, it includes the shared life experiences and emotional comfort of a life partner.

Common Causes of Wrongful Death

A wrongful death claim can arise from any situation where a person’s death is due to the negligent or intentional acts of another party. Though the facts of each case are unique, several common circumstances frequently lead to these lawsuits. 

Motor Vehicle Accidents

Fatal car crashes, truck accidents, and motorcycle collisions are among the most frequent sources of wrongful death claims. These claims often involve drivers who were distracted, intoxicated, fatigued, or driving at excessive speeds, thereby breaching their fundamental duty of care to others on the road. When the deceased was hit by a commercial vehicle, the legal action may also involve the trucking company if it failed to maintain the vehicle or pressured the driver to violate safety regulations.

Medical Negligence

When a patient passes away due to an error made by a doctor, nurse, hospital, or other healthcare provider, a wrongful death claim based on medical negligence may be appropriate. This occurs when the provider fails to provide care that meets the accepted standard of care within the medical community. Examples include misdiagnosis or delayed diagnosis of a serious condition, surgical errors, or medication errors. These cases often require detailed investigation and the testimony of knowledgeable medical professionals to establish the breach of duty and causation.

Workplace Incidents

Workplace fatalities, particularly in high-risk industries like construction, mining, and manufacturing, can lead to wrongful death actions. While workers’ compensation may provide some benefits, a third-party claim may be possible if the death was caused by the negligence of a party other than the employer (e.g., a subcontractor, a manufacturer of faulty equipment, or the owner of the job site). These cases focus on failures to provide a safe working environment or adhere to federal and state safety standards.

Premises Liability and Dangerous Conditions

Property owners in West Virginia have a duty to maintain their premises in a reasonably safe condition for visitors. If a death occurs due to an unreasonably dangerous condition—such as a structural collapse, a preventable fire, or a violent crime that occurred due to inadequate security—the owner may be held accountable. These types of claims require proof that the property owner knew or should have known about the dangerous condition and failed to take reasonable steps to prevent harm.

The Legal Process of Wrongful Death Claims In West Virginia

Pursuing a wrongful death claim in West Virginia involves a series of carefully executed steps that can span many months, or even years, depending on the complexity of the case. Unlike typical personal injury suits, these claims are specifically governed by the West Virginia Code, which dictates who may bring the action, who may recover compensation, and what types of losses are eligible for recovery. Navigating this framework requires meticulous adherence to procedural rules and a thorough understanding of state precedent.

The fundamental purpose of a wrongful death action is to provide financial compensation to the decedent’s beneficiaries for the losses they have suffered due to a death caused by the fault or negligence of another party. The process is initiated not by the beneficiaries themselves, but by a court-appointed individual acting on their behalf, known as the Personal Representative.

I. Investigation and Preparation: Laying the Foundation

The process begins with a comprehensive investigation of the incident and legal preparation. This initial phase is perhaps the most critical for establishing a viable claim.

Appointment of the Personal Representative: Before any lawsuit can be filed, a Personal Representative—often an executor or administrator of the deceased’s estate—must be formally appointed by the County Commission (sitting as the probate court) in the county where the deceased resided or where the death occurred. This individual is the only person legally authorized to act as the plaintiff and manage the litigation. They serve as a fiduciary, responsible for acting in the best financial interests of all statutory beneficiaries.

Statute of Limitations: A crucial timeline requirement in West Virginia is the Statute of Limitations. Generally, a wrongful death action must be commenced within two years of the date of death. Failure to file the complaint within this strict time frame typically results in the permanent loss of the right to pursue the claim, regardless of the merits of the case.

Evidence Gathering and Review: The legal team managing the case initiates a detailed evidence-gathering phase. This involves securing and analyzing critical documentation, which may include:

• Official Reports: Police reports, incident reports, fire department logs, and workplace safety analyses (OSHA).
• Medical and Autopsy Records: Complete hospital, emergency room, and treating physician records to establish the cause of death and the correlation to the defendant’s actions.
• Employment and Financial Records: These are vital for calculating the economic losses, including past and future lost earnings, pension benefits, and loss of household services.
• Witness Statements: Locating and securing sworn or recorded testimony from individuals who observed the incident or have knowledge of the surrounding circumstances.
• Professional Consultation: Engaging with professional consultants, such as accident reconstructionists, forensic pathologists, or financial analysts, to provide objective analysis and informed conclusions regarding liability and damages. These consultants’ findings help shape the initial legal theory and the presentation of facts.

The preparation phase is dedicated to organizing this extensive body of evidence into a coherent narrative of the defendant’s alleged carelessness and its direct, causal link to the loss of life.

II. Filing the Lawsuit: The Commencement of Action

Once sufficient evidence is compiled and the legal strategy is developed, the formal legal action begins.

The Complaint and Cause of Action: A formal document, known as the Complaint or Petition, is filed with the appropriate West Virginia Circuit Court. This document serves several essential functions:

1. Jurisdiction and Venue: It identifies the correct court where the action is being pursued.
2. Parties: It names the Personal Representative as the plaintiff and identifies the defendant(s) responsible for the death.
3. Statement of Facts: It provides a chronological, factual account of the incident, establishing the duties the defendant owed to the deceased and how those duties were breached.
4. Claim of Negligence: It clearly asserts the legal basis for the claim, alleging that the defendant’s negligent, reckless, or intentional conduct caused the death.
5. Damages Sought: It outlines the specific types of losses being claimed by the beneficiaries under the West Virginia wrongful death statute.

Service of Process: After filing, the defendant must be formally notified of the lawsuit through a process called “Service of Process.” A copy of the Summons and the Complaint is delivered to the defendant, providing them with legal notice and a specific period of time to file a formal response with the court.

III. Discovery Phase: The Exchange of Information

Discovery is the formal, pre-trial exchange of information and evidence between the plaintiff and the defendant. Its purpose is to ensure all parties have access to all relevant facts, thereby preventing surprises at trial and promoting fair resolution. This phase is often the most time-consuming part of the litigation.

The primary discovery tools used include:

1. Interrogatories: These are sets of written questions sent from one party to another, requiring answers to be given under oath within a specific time limit. Questions often seek details about the defendant’s knowledge of the incident, their insurance coverage, and the identity of potential witnesses.
2. Requests for Production of Documents (RFPs): These are demands for the opposing party to produce relevant documents, records, reports, communications (including emails and texts), and physical evidence. For example, in a medical negligence case, the defense would be compelled to produce internal hospital policies and credentialing files.
3. Depositions: This involves the out-of-court, sworn testimony of witnesses, parties, and retained professional consultants. The testimony is recorded by a court reporter and serves several vital functions: locking in testimony, evaluating witness credibility and demeanor, and clarifying factual disputes. This allows legal counsel to assess how a witness might perform before a jury.
4. Requests for Admission (RFAs): These ask the opposing party to formally admit or deny specific facts or the authenticity of documents. Admissions streamline the trial by eliminating the need to prove facts that are not genuinely in dispute.

IV. Mediation and Settlement Negotiations: Seeking Resolution

The vast majority of civil cases, including wrongful death claims, are resolved through negotiation and settlement rather than a full trial. This option allows the family to receive compensation sooner and without the significant financial risk and emotional toll associated with jury litigation.

Mediation: In West Virginia, mediation is frequently used, or even mandatory in some jurisdictions, before a trial date is set. Mediation involves a structured negotiation session where the parties, along with their legal representatives, meet with a neutral third-party—the mediator. The mediator, who is often a retired judge or respected attorney with deep knowledge of civil litigation, does not decide the case but works to facilitate a mutually acceptable settlement.

Settlement Approval: If a settlement agreement is reached, it must often be formally approved by the Circuit Court judge to ensure the agreement is fair and reasonable, especially if any minor children or incompetent adults are among the beneficiaries. The Personal Representative then distributes the net proceeds to the statutory beneficiaries according to the specific allocation determined by the court.

V. Trial and Damages: The Final Adjudication

If pre-trial negotiations fail to produce a fair resolution, the case proceeds to a jury trial.

Trial Procedure. The trial itself follows a conventional format:

• Jury Selection (Voir Dire): Legal representatives for both parties question a pool of potential jurors to select an impartial group.
• Opening Statements: Each side presents an outline of the facts they intend to prove.
• Presentation of Evidence: The plaintiff presents their case first, calling witnesses to testify and introducing documentary evidence. The defendant then presents their counter-evidence. Witnesses undergo direct examination and cross-examination.
• Closing Arguments: Each side summarizes the evidence and argues how the law applies to the facts presented.
• Jury Instructions and Deliberation: The judge provides the jury with instructions on the relevant law. The jury then retires to deliberate and reach a verdict.

Compensable Damages Under West Virginia Code: If the jury finds the defendant liable, they proceed to determine the amount of damages. West Virginia law specifies the types of losses recoverable by the beneficiaries, which may include:

• Sorrow and Mental Anguish: Compensation for the grief and emotional suffering of the surviving family members.
• Loss of Comfort, Society, and Companionship: Compensation for the loss of the decedent’s presence, care, protection, and affection.
• Loss of Services and Financial Support: Compensation for the income, wages, and expected financial contributions the decedent would have provided to their family. This also includes the monetary value of household services (e.g., childcare, maintenance, repairs).
• Medical and Funeral Expenses: Reimbursement for reasonable medical bills related to the final illness or injury and the costs of burial and funeral services.

The law requires the court to allocate the total recovered amount among the eligible statutory beneficiaries—typically the decedent’s spouse, children, parents, and sometimes siblings or other dependents, based on the degree of loss each suffered. The conclusion of a wrongful death claim marks the final legal accountability for the death and provides the surviving family with financial resources intended to mitigate their long-term economic and non-economic losses.

The Value of Dedicated Legal Counsel

Navigating the complexities of West Virginia wrongful death statutes, proving negligence, and accurately calculating both current and future damages requires strong legal guidance. The successful prosecution of a wrongful death claim depends heavily on a deep and current understanding of state case law, court procedures, and the specific rules governing damage calculations.

Working with legal counsel who has a concentrated focus on wrongful death litigation means partnering with a team capable of handling detailed investigations. They possess the necessary resources to secure testimony from economists, life care planners, and medical consultants. A dedicated legal partner can manage the intensive discovery process and present the case effectively to insurance companies, defense counsel, and, if necessary, a jury. This focused commitment allows the grieving family to concentrate on their emotional well-being while having confidence that the legal aspects of their claim are being pursued with diligence and accuracy.

 Free Initial Consultation with a West Virginia Fatal Accident Attorney

If you have lost a loved one because of someone else’s negligence or careless actions, you should consult with an experienced attorney to discuss your legal rights and options. At Bailey, Javins, and Carter, L.C., we know what it takes to successfully pursue full and fair compensation in a wrongful death claim, and we are ready to go to help you with your claim.

Call our office today at (800) 497-0234 or (800) 296-6979 to schedule a free initial consultation with our personal injury lawyers in Charleston, Logan or Summersville.

We work on a contingent fee basis. We do not get paid unless you do.