Experienced Charleston Wrongful Death Lawyers Ready To Fight For You
Last updated on May 4, 2026
At The Masters Law Firm, L.C., our Charleston, West Virginia, wrongful death lawyers provide legal representation for individuals and their families seeking justice after facing a catastrophic loss due to someone else’s negligence in Kanawha County and the surrounding area. Our attorneys can help file wrongful death claims against the responsible party to help recover the financial compensation you’re owed for economic and noneconomic losses that have been incurred.
Since 1974, our firm has helped victims secure millions for clients facing catastrophic losses. Led by founding attorney Marvin Masters, our attorneys, including members of the National Trial Lawyers’ Top 100, Super Lawyers, and the Multi-Million Dollar Advocates Forum, provide aggressive representation. Call today to see how we can help.
Why Choose The Masters Law Firm, L.C., For Your Wrongful Death Case?
Our Charleston wrongful death law firm has served West Virginia families since 1974, bringing decades of experience to wrongful death claims. We have recovered millions of dollars in damages for those we serve, helping hundreds of families get through the legal process.
Our attorneys have been nationally recognized with several prestigious awards, including being named in the National Trial Lawyers Top 100 and Super Lawyers lists and recognized by Best Lawyers in America. Our founding lawyer, Marvin Masters, is also a member of the Million and Multi-Million Dollar Advocates Forum, an honor reserved for less than 1% of U.S. trial lawyers.
We fight hard for every client and are not afraid of going up against large insurance companies. We provide a free consultation to discuss your claim, and we work on a no-fee-unless-we-win basis. You pay nothing upfront, and you owe us nothing unless we get money for your wrongful death lawsuit.
See What Our Clients Have To Say
“We are so lucky to have Masters Law Firm on our side. They made everything painless. From gathering our thoughts to gathering material for the court documents. And they explained everything along the way. Oh, and the court case went in our favor. That’s a plus! Thank you, Masters!” – T. Carpenter
How Will The Masters Law Firm, L.C., Help In Your Wrongful Death Case?
Our experienced wrongful death attorneys provide complete legal support throughout your case. We will:
- Conduct a thorough investigation of the fatal accident or incident
- Gather and preserve important evidence before it is lost or destroyed
- Calculate the full value of financial and personal losses
- Handle all communication with insurance companies and the opposing lawyers
- Negotiate aggressively for maximum compensation for you and your family
- Prepare your case for trial if a fair settlement cannot be reached
These services allow you to focus on grieving and healing while we handle the complex legal matters surrounding your wrongful death claim.
What Is Wrongful Death?
A wrongful death lawsuit is similar in legal basis and evidence to any other personal injury case, with one tragic exception: the victim has lost their life due to someone else’s negligence. The right to pursue legal action then passes to their estate and surviving family members. Speaking with a wrongful death attorney early in the process is important. This is because your attorney must prove the same core elements required in a personal injury case such as:
- The defendant owed the deceased person a duty of care
- The defendant breached that duty of care
- The breach was the proximate cause of the fatal incident
- Damages, including death, resulted
Because these cases carry such high emotional and financial stakes, an experienced wrongful death lawyer will thoroughly document every element of your claim and pursue maximum compensation on your behalf.
Who Can File A Wrongful Death Claim In West Virginia?
It is important to remember that a wrongful death claim, also known as a wrongful death action, cannot be filed by just anyone, regardless of how severe one’s grief may be. Only the personal representative of the deceased person’s estate maintains the right to bring a wrongful death action (although damages recovered will be distributed to family members and beneficiaries).
If your family member died with a will, then the personal representative will be named in this document. If they died without a will, then a personal representative, typically a spouse or grown child, will be appointed by the court.
Filing A Wrongful Death Claim In West Virginia
Nothing prepares a family for the pain of a loved one’s wrongful death. The last thing your family needs is to face aggressive insurance companies and navigate a complex legal battle all alone. Across Charleston and all of West Virginia, our wrongful death lawyers guide families through each and every step.
To file a claim, your family must:
- Name a personal representative for the deceased’s estate
- Collect evidence, including police reports, medical records and witness statements
- Identify all parties responsible for the death
- Calculate all economic and noneconomic damages
- File the claim within West Virginia’s two-year statute of limitations
A wrongful death attorney at our firm manages each of these steps for you. You focus on your family, and we handle the rest.
Common Causes Of Wrongful Death Cases We Handle In Charleston
One of the most common situations for wrongful death claims occurs following a fatal car wreck or truck accident caused by driver negligence. These cases are especially appropriate when it is clear that the at-fault driver was doing something irresponsible and known to put others at risk of catastrophic injury or death such as:
- Driving while drunk
- Driving while distracted
- Speeding or not obeying traffic signs
- Reckless driving, especially if they have a history of repeat violations
Some of the driver behaviors likely to cause fatal accidents are already considered criminal acts such as drunk driving. It is important to remember that you can file a wrongful death lawsuit against the at-fault driver regardless of any criminal consequences they may face. The best-case scenario after a catastrophic or fatal accident would be a criminal conviction and a guilty verdict in the civil case (wrongful death suit).
Do You Need A Lawyer For A Wrongful Death Claim?
Yes, hiring a wrongful death lawyer greatly improves your chances of a fair recovery. These cases involve complex legal rules, strict deadlines and aggressive insurance companies. Families who handle claims alone often recover far less than they deserve.
A wrongful death attorney knows how to investigate the accident, gather evidence and calculate the full value of your loss. They also know how to fight back when insurance companies try to reduce your payout. Our firm handles every aspect of your claim so your family can focus on healing.
Damages Recoverable In A Wrongful Death Claim
A wrongful death claim can be used to seek monetary damages on behalf of the deceased person’s estate, surviving spouse, children and any other relatives who were financially dependent on the person at the time of their death (West Virginia Code Section 55-7-6).
Damages that you may recover in a wrongful death claim include, but are not limited to:
- Sorrow, mental anguish and solace
- Estimated loss of income
- Loss of services and protection
- Medical care and hospital expenses
- Reasonable funeral and burial expenses
- Punitive damages
Our wrongful death law firm in Charleston will work on your behalf to build your case and calculate the full value of all your losses, including both economic and noneconomic losses. When appropriate, we will ask for punitive damages as well.
West Virginia’s Comparative Negligence Laws In Wrongful Death Claims
While it may seem very unfair to consider the fault of a deceased person in a wrongful death claim, if a wrongful death case goes to trial, the fault of all parties involved will be weighed. In most cases in West Virginia, the rule of modified comparative negligence states that any degree of fault on the part of the victim will lead to reduced damages in proportion to the percentage of fault that the victim shares.
For example, if the court finds that your loved one was 10% to blame for their fatal accident and your wrongful death claim is valued at $1 million, you will only be able to recover $900,000, or 90%, of the total damages.
The rule of comparative fault can be used to reduce the value of a case – often intentionally, by insurance adjusters and defendants – in a civil lawsuit. We strongly recommend working with an experienced Charleston wrongful death law firm, like The Masters Law Firm, L.C., that is familiar with this tactic and knows how to counter any allegations of fault made against your family member.
At our Charleston firm, we can help you hold an irresponsible party fully liable for the losses you have incurred because of your loved one’s death.
Can You File A Wrongful Death Claim If The Deceased Was Partially At Fault?
Yes, you can still file a claim. But West Virginia’s comparative fault means your loved one’s share of fault directly affects your recovery. Insurance companies know this, and they deliberately inflate your loved one’s fault to reduce your payout.
Our Charleston, West Virginia wrongful death lawyers can fight back. We gather evidence from the start to establish the other party’s full responsibility. We challenge every attempt to shift blame onto your family member and protect the full value of your claim.
The Statute Of Limitations In A Wrongful Death Case
When a loved one dies unexpectedly, it can take months, years or longer for a surviving loved one to be able to manage their grief and experience a sense of normalcy again. The death can result in a large amount of anguish, including the development of depression in many cases. In addition to therapy, time is an essential part of healing.
But when it comes to filing a wrongful death claim, there is not a lot of time to take action. In fact, while it can feel impossible and even disrespectful to your deceased loved one, it is important to start the process of gathering evidence and investigating the fatal accident as soon as possible. Not only is it important to preserve evidence, but it is also important to remember that the clock on the statute of limitations is ticking.
In West Virginia, the statute of limitations for a wrongful death action is typically just two years from the date of your loved one’s death. Any claim that is initiated after this two-year time period can be thrown out of court.
In some cases, the discovery rule can postpone the time limit by considering when a family member reasonably discovered that the wrongdoing of another caused the death of their loved one. By getting an experienced wrongful death attorney in Charleston involved early on, you can help ensure that your case is brought within the statute of limitations and that your right to recover compensation is protected.
What Evidence Is Needed In A Wrongful Death Lawsuit?
Building a strong wrongful death case requires thorough documentation and convincing evidence. This evidence may include police reports, accident scene photographs, witness statements and medical records that show the cause of death. Expert testimony may be needed to prove who the negligent party is and calculate the damages you are owed.
Financial records proving the deceased’s income and employment history help establish your family’s financial losses. Evidence of your loved one’s relationship with surviving family members supports claims for noneconomic damages (personal losses).
Our wrongful death lawyers work quickly to identify, collect and preserve all relevant evidence, building a strong case for maximum financial recovery.
Call Our Charleston Wrongful Death Law Firm Today To Get Experienced Attorneys On Your Side
At The Masters Law Firm, L.C., we know that there is nothing easy about losing a loved one and then thinking about calling a wrongful death attorney. We want you to know that we empathize with you, understand what you’re going through and are here to protect your best interests.
When you call our wrongful death law firm in Charleston, we will handle your claim from start to finish, including the investigation, calculation of damages, filing of a demand letter and all negotiations. We will manage your case so that you can focus on the more important things in life, like taking care of yourself and beginning to cope with your painful loss.
If you have lost a family member and you think that someone else was to blame, please call our law firm directly today at 304-371-7894. You can also message us online for a free, no-obligation consultation.