Wrongful Death










Understanding Wrongful Death and Why It Matters
The sudden and unexpected loss of a loved one is devastating. When that loss occurs because of someone else’s negligence, recklessness, or intentional misconduct, the pain is made even worse by knowing it could have been prevented. In legal terms, this is known as wrongful death—a death caused by another party’s wrongful act, whether accidental or deliberate. Wrongful death claims are designed to provide surviving family members with justice, accountability, and financial support during an unimaginably difficult time.
At Klie Law Offices, we recognize that no legal action can truly compensate for your loss. But we believe that holding those responsible accountable is an essential step toward closure, and that financial compensation can help families manage the very real burdens that follow a tragedy. Our attorneys offer experienced, compassionate legal guidance to help you understand your rights and navigate the complexities of a wrongful death claim in West Virginia.
Wrongful death lawsuits can arise from many situations. Whether your loved one died due to a fatal car accident, a dangerous product, medical malpractice, a workplace incident, or abuse in a nursing home, the law gives families the right to pursue compensation and justice. Our firm is here to stand by your side, protect your interests, and help your family find a path forward.
Common Causes and Real-World Examples of Wrongful Death
Wrongful death can occur in almost any setting where negligence or misconduct results in fatal harm. At Klie Law Offices, we handle wrongful death cases arising from a variety of circumstances, including but not limited to:
Motor Vehicle Accidents:
Car, truck, and motorcycle crashes are among the most common causes of wrongful death in West Virginia. Drunk driving, distracted driving, speeding, or reckless operation often leads to fatal collisions. For example, a fatal head-on collision on a rural highway may result from a driver texting behind the wheel. Commercial truck accidents, especially those involving tired or improperly trained drivers, can be catastrophic.
Medical Malpractice:
When doctors, nurses, or hospitals make serious errors—such as surgical mistakes, misdiagnoses, anesthesia errors, or medication overdoses—lives are at risk. A misdiagnosed heart attack or failure to treat an infection in time can be fatal, and families deserve answers.
Workplace Accidents:
Construction, mining, manufacturing, and other high-risk industries see tragic fatalities each year due to unsafe working conditions, equipment failures, lack of training, or regulatory violations. A fall from scaffolding or a fatal machinery accident may be grounds for a wrongful death suit against a negligent employer or equipment manufacturer.
Defective Products and Dangerous Drugs:
Manufacturers and distributors have a duty to ensure the safety of their products. When defective auto parts, medical devices, or prescription drugs cause death, companies can be held accountable. For example, a faulty airbag or contaminated medication could result in fatal injuries.
Premises Liability and Unsafe Properties:
Property owners must maintain safe conditions for visitors. Fatal slip and falls, drownings, or fires in apartment complexes or businesses may lead to wrongful death claims if poor maintenance or lack of security was a factor.
Nursing Home Negligence and Abuse:
Vulnerable seniors can suffer fatal consequences from neglect, medical errors, dehydration, malnutrition, or even physical abuse in long-term care facilities.
Criminal Acts:
Intentional violence—including assault, homicide, or domestic violence—can also be the basis of a wrongful death action, separate from any criminal prosecution.
Each case is unique, and our attorneys take the time to investigate every detail and understand the full impact on your family.
Who Can File a Wrongful Death Claim in West Virginia?
West Virginia law is specific about who has the right to file a wrongful death claim. The lawsuit must be brought by the personal representative (often called the executor) of the deceased person’s estate. However, the compensation obtained from the case benefits certain surviving family members, known as statutory beneficiaries.
These typically include:
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The surviving spouse
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Children (biological, adopted, and sometimes stepchildren)
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Parents and siblings of the deceased
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Any other family members or dependents who relied on the deceased for financial support
The court will decide how damages are distributed among beneficiaries, taking into account the relationship and level of dependence each survivor had with the deceased. If you’re unsure whether you qualify, Klie Law Offices can explain your rights and help determine your eligibility under state law.
What if there is no will or estate plan?
If your loved one died without a will, the court can appoint a personal representative. Our attorneys can guide you through the process of establishing the estate and filing a claim, even if things seem complicated or confusing at first.
Client Reviews

Thanks to her efforts, the case was resolved in my favor, far exceeding my expectations. I felt supported, respected, and confident throughout the entire process.
If you’re looking for a lawyer who combines intellect, integrity, and heart, look no further. I wholeheartedly recommend Kimberly Koslski to anyone in need of outstanding legal representation.
Gabby is very knowledgeable and will fight for what you want in the courtroom!
Jennifer and Katie are always quick to respond to any question or concern you may have.
I would definitely use Klie Law for any other service in the future..
An added bonus is their friendly, helpful, always willing to help receptionist, Tammy. She will help you get your questions answered as soon as possible.
Gabby knows her stuff! Super thorough and organized with a hint of sass in the court room. She fights for you and what you want!
Jennifer and Katie are always quick to respond and knowledgeable and if they're unsure, they find out quickly.
If you're looking for a team for your custody case this is it!
Nicole, was also exceptional. She was responsive, organized, and went above and beyond to ensure everything was handled efficiently. She made sure I was informed every step of the way, which made the entire process much smoother.
I highly recommend Klie Law Offices for anyone in need of legal services. Their team is top-notch and I felt completely supported throughout the entire process.
Gigi
Google presented me with four--five Law Firms. After researching and deciphering through reviews, I decided to try Klie Law Office, in West Virginia, my home State!
On my way to my scheduled appointment for case evaluation, I thought to myself, " Will they be willing to accept my case, knowing that my next hearing is in 8 days?" I was Hoping and Praying to my Father, who is beside me with every step of my path, all the way there!
When Iris and I met, we exchanged a firm handshake, and she professionally introduced herself!
To me, a firm handshake means something. Our ( myself, two sisters and one brother) Dad taught us at a young age, a firm handshake means something! To each of us we will know what he means, when our day comes, to experience it!
My day had come, this day! What did I get from her firm handshake? A welcoming first impression of strength and confidence!
We discussed details of my case, and she would inform me of their processes, which member of the team does what, the retainer amount, paperwork process, and they would be there for my hearing, that was now 7 days away!
After processing my retainer, filling out necessary forms, I left with self confidence knowing that Klie Law accepted my case, and they will be fighting For Me, Not Against Me, as in the past 7-8 months.
Thank You, Klie Law!
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Damages and Compensation in Wrongful Death Lawsuits
A wrongful death claim can provide crucial financial support and help secure your family’s future after a loss. Compensation in West Virginia wrongful death cases can include:
Economic Damages:
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Medical expenses related to the deceased’s final illness or injury
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Funeral and burial costs
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Loss of the deceased’s expected earnings and benefits
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Loss of inheritance or retirement benefits
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The value of services the deceased provided, such as childcare or household management
Non-Economic Damages:
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Loss of love, companionship, society, and guidance
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Mental anguish, emotional distress, and pain suffered by survivors
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Loss of consortium for spouses
Punitive Damages:
If the death was caused by particularly egregious, reckless, or intentional conduct, the court may award punitive damages to punish the wrongdoer and deter future misconduct.
Every case is different, and the value of your claim depends on a variety of factors, including the deceased’s age, income, life expectancy, and the circumstances of the incident. Our team at Klie Law Offices works with financial and medical experts to fully assess your family’s losses and maximize your recovery.
The Legal Process for Filing a Wrongful Death Claim
The process of pursuing a wrongful death claim in West Virginia can feel overwhelming, especially while you are grieving. Our attorneys aim to take the burden off your shoulders and handle every aspect of your case so you can focus on your family and your own well-being.
1. Investigation:
We start by conducting a thorough investigation, gathering evidence such as accident reports, medical records, witness statements, photographs, and expert opinions. Our goal is to determine exactly what happened and who is legally responsible.
2. Identifying All Liable Parties:
Sometimes more than one party is to blame—such as multiple drivers in a crash, a hospital and a doctor in a malpractice case, or both an employer and equipment manufacturer in a workplace accident. We identify all potential sources of compensation.
3. Filing the Lawsuit:
Once we have the facts, we prepare and file the wrongful death complaint in court, ensuring all legal deadlines (statutes of limitations) are met. In West Virginia, the statute of limitations is typically two years from the date of death, but it is always best to consult an attorney as soon as possible.
4. Settlement Negotiations:
Many wrongful death claims are resolved out of court through settlement. Our attorneys negotiate aggressively to secure a fair agreement, but only with your approval.
5. Litigation and Trial:
If the other side refuses to offer fair compensation, we are prepared to take your case to trial. Our experienced litigators know how to present a compelling case to a judge or jury.
6. Distribution of Damages:
If compensation is obtained, it is distributed among eligible beneficiaries. The court may hold a hearing to ensure an equitable division.
Throughout the process, we keep you informed, answer your questions, and provide honest, practical guidance.
Klie Law Office F.A.Q
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2. How do I know if I have a valid personal injury claim?
3. How much is my personal injury case worth?
4. Will my personal injury case go to court?
5. How much does it cost to hire a personal injury lawyer at Klie Law Offices?
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Why Choose Klie Law Offices for Your Wrongful Death Case?
Selecting the right legal team is crucial to the success of your case and your peace of mind. Here’s why families throughout West Virginia trust Klie Law Offices with their most serious and sensitive legal matters:
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Local Experience: Our attorneys have decades of combined experience handling wrongful death cases in Buckhannon, Parkersburg, Clarksburg, Morgantown, and across West Virginia.
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Compassionate Advocacy: We treat every client with dignity, patience, and respect, understanding the emotional complexity of wrongful death cases.
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Proven Results: Our track record includes significant settlements and verdicts for families who have lost loved ones due to negligence or misconduct.
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Resources and Connections: We collaborate with respected experts—medical professionals, accident reconstructionists, economists—to build the strongest case possible.
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Transparent Communication: We keep you informed at every step and are always available to answer your questions.
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No Fees Unless We Win: We handle wrongful death cases on a contingency basis. You pay nothing unless we obtain compensation for your family.
Our mission is to provide skilled legal representation and compassionate support when you need it most. We fight tirelessly for justice—so your family can focus on healing.
The Emotional Toll of Wrongful Death
The aftermath of a wrongful death is emotionally complex. In addition to grief and loss, families often experience shock, anger, confusion, and even guilt. These feelings are normal, and it’s important to seek support—both personal and professional—while you process your loss.
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Lean on your community. Friends, extended family, religious organizations, and support groups can provide comfort.
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Consider professional counseling. Therapists and grief counselors can help you navigate the unique challenges of losing a loved one to negligence.
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Give yourself permission to grieve. Every family member’s journey is different, and healing takes time.
At Klie Law Offices, we approach every case with empathy and understanding. We handle the legal complexities so you can focus on what truly matters—your family’s well-being.
Contact Klie Law Offices to Take the First Step Toward Justice and Healing
If you have lost a loved one in West Virginia due to another’s negligence, you do not have to face the legal system or the fight for justice alone. The caring, experienced attorneys at Klie Law Offices are ready to stand with you—providing clear guidance, aggressive advocacy, and unwavering support every step of the way.
Contact us today for a free, confidential consultation. We will listen to your story, answer your questions, and explain your options in plain language. With offices in Buckhannon, Parkersburg, Clarksburg, and Morgantown, our firm serves families throughout West Virginia. We offer both online and in-person appointments to fit your needs.
Let us help your family find answers, accountability, and a sense of closure.
Call Klie Law Offices or complete our online contact form today to get started.
Office Locations
Buckhannon
21 E Main St, Suite 160
Buckhannon, WV 26201
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Parkersburg
408 Market St
Parkersburg, WV 26101
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Clarksburg
339 W Main St
Clarksburg, WV 26301
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Morgantown
1300 Fort Pierpont Dr, Suite
102, Morgantown, WV 26508
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What you can expect from our West Virginia attorneys
The first thing you’ll notice when you come to our Law Offices is that we’ll listen to your story. We want to know what you’re going through and what you need. Then, we’ll explain how West Virginia law applies to your specific situation and what your legal options are. There are no cookie-cutter answers here. We create a legal strategy tailored to each client’s individual needs.
Depending on your situation, we will find the right path forward. We are adept at resolving your legal matters through negotiation and mediation whenever possible. But we also won’t hesitate to take your case to trial if that’s what it takes to get the best possible outcome for you.
Throughout the process, you can expect honest communication and compassionate support. Our team understands that legal issues can be overwhelming, and we strive to make the process as clear and stress-free as possible. We keep you informed at every stage and are always available to answer your questions or address your concerns. You’re not just another case to us—you’re a person who deserves thoughtful guidance and dedicated advocacy.
If you’re facing a legal challenge and need someone in your corner, don’t wait to get the help you deserve. Contact Klie Law Offices today to schedule a confidential consultation and take the first step toward a solution that works for you.
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