When Negligence Costs a Life, We Hold Every Responsible Party Accountable

There is no kind of case that asks more of a lawyer than a wrongful death case. The family has lost someone they love, and they are being asked to make decisions about deadlines, statutes, evidence, and witnesses while they are still trying to plan a funeral. We approach this work with the seriousness and the care it requires.

In West Virginia, a wrongful death claim is brought by the personal representative of the deceased person's estate on behalf of the surviving family members. State law allows recovery for loss of income and financial support, loss of services and care, loss of companionship and guidance, the sorrow and mental anguish of the survivors, the medical bills and funeral expenses, and any pain and suffering the deceased experienced before death through a related survival action. Knowing how to plead and prove each of these elements is part of what separates an experienced firm from a general practice.

Wrongful death cases arise from many causes. Medical errors and hospital negligence. Car, truck, and motorcycle collisions. Workplace incidents involving unsafe equipment or third-party negligence. Defective products. Nursing home neglect. Acts of violence enabled by negligent security. Whatever the cause, the question is always the same. Who knew or should have known. What did they do or fail to do. And what is the law's measure of accountability.

Stroebel & Stroebel handles wrongful death cases with both the rigor a courtroom demands and the sensitivity a grieving family deserves. We do the investigation up front. We talk to witnesses while memories are fresh. We retain medical, engineering, or accident reconstruction experts as the facts require. We prepare the case from the start as if a jury will hear it, because that preparation is what gives the family real leverage when it is time to negotiate. We also keep the family informed in the way they want to be informed. Some clients want every detail. Some want to know the next decision and trust us with the rest. We meet you where you are.

There is a two-year statute of limitations for wrongful death claims in West Virginia, which can run quickly when a family is grieving. The earlier we are involved, the more we can do. Initial consultations are free and there is no obligation. Call (304) 346-0197 and ask to speak with a lawyer.

The cases we take on.

• Wrongful death from motor vehicle, truck, and motorcycle collisions, including DUI crashes and rideshare incidents.
• Medical malpractice deaths involving surgical error, misdiagnosis, medication mistakes, and failure to monitor.
• Workplace deaths caused by third-party negligence outside the workers' compensation system.
• Nursing home and assisted living deaths involving neglect, falls, bedsores, and elopement.
• Deaths caused by defective products, including vehicles, machinery, pharmaceuticals, and consumer goods.
• Survival actions for the conscious pain and suffering experienced before death.

“A wrongful death case is the family's last act of love. Our job is to do it justice.”

Our approach, step by step.

1. 01

   Free, Confidential Conversation

   We meet privately with the family or the personal representative. We answer questions, explain the law, and lay out what a case would look like before any decision is made.

2. 02

   Investigation and Estate Coordination

   We coordinate with the estate's appointed representative, gather the medical and incident records, and bring in the experts the facts require.

3. 03

   Documented Demand

   We prepare a demand that documents the full economic and non-economic loss the family has suffered, supported by expert reports and the law's measure of damages.

4. 04

   Resolution or Trial

   Most cases resolve, but only because the case has been built for trial. If the responsible party will not pay what the case is worth, we try it in front of a jury.