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Wrongful Death Archives

Multi-vehicle crash allegedly caused by drunk driver

West Virginia residents are probably used to hearing about holiday impaired driving checkpoints over the summer months. Such reminders are sadly necessary as too many drivers continue to make the risky choice to operate vehicles after they have been drinking or have used other substances that may impair their abilities. One 23-year-old driver is today accused of doing just that.

How many people die in West Virginia motorcycle crashes?

If you love riding your motorcycle along the lovely roads of West Virginia, you are not alone. With spring here and summer right around the corner, now is prime motorcycling season for this year. However, in addition to tuning up your bike and getting it road ready, you should also review some basic safety tips and facts about motorcycle risks and accidents.

Boating safety in West Virginia

As West Virginia residents look ahead to the summer boating season, now is a good time to review some basic safety tips and risks associated with this pastime. The National Safe Boating Council indicates that National Safe Boating Week runs from May 21 to May 27 this year, just in time for the Memorial Day holiday weekend.

Preventing deadly falls in nursing homes

As previously stated in this blog, falls are a serious problem among nursing home residents in West Virginia and across the country. Approximately 1,800 residents die every year as a result of a fall in a nursing home or the complications resulting from a fall, according to the Centers for Disease Control and Prevention.

Wrongful death lawsuits can require perseverance

It can seem from reading posts on the topic that making a wrongful death claim in the event that a loved one dies as the result of the acts of one or more other persons is a cut-and-dry process: file a complaint alleging all of the required elements of a cause of action, and then wait for a settlement or court judgment in your favor. But as you are probably already aware from living life in other contexts, things often are not as simple as they may seem based on a superficial examination.

Differences between wrongful death and survival actions

The loss of a loved one that would have been avoidable in the absence of the negligent or otherwise wrongful act on the part of another will leave the surviving family members with choices to make. One of those choices is whether to take legal action in response. Another choice is what kind of legal action to take if the first decision results in an affirmative answer.

Your loss of a loved one may be compensable under the law

If you are like most people, you have occasionally thought about what the consequences could be to your family if you died in an accident that was caused by someone else. But less often do we contemplate what would happen if it was a loved one who was the victim -- what could you do about it?

West Virginia chemical plant violations settled after seven years

It is no surprise that most businesses are driven by the two “P’s”: production and profit. But focusing on those without paying equal attention to safety can result in serious consequences for workers, even death. An incident that happened over seven years ago at a West Virginia chemical facility is a tragic example.

Who can file a wrongful death claim in West Virginia?

In an earlier post on the subject, we looked at the question of what kinds of damages claims a successful plaintiff can recover in a West Virginia action for wrongful death. In this post, we will examine the topic of who can initiate such a lawsuit.

Lawsuit filed against mining companies for man's death

According to court documents, a woman has filed a lawsuit against several companies for her husband's West Virginia coal mine death. The woman's lawsuit alleges the companies acted negligently, and their combined negligence resulted in his fatal mine accident. The complaint was filed in Kanawha Circuit Court on Feb. 4.


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