You’ve got two years from the time of death to file a wrongful death lawsuit against a coal company. That’s the law. But if you call The Segal Law Firm and ask my advice, I’m going to tell you getting started sooner is better than later. You don’t want to wait two years. There is going to be crucial evidence that will disappear with each passing day you wait. And it’s the job of an experienced lawyer to protect that evidence to best represent your case. But if you wait two years to call us, unfortunately, it may be too late.
Now, I’ve just said that you have two years from the date of death to file a lawsuit, but I actually instruct my lawyers here at The Segal Law Firm to use the date of the accident, plus two years. Why? Well, in West Virginia, damages can survive you even after you’ve passed. In some instances, a person will be injured but live a few hours or a few days. The coal company or jury can consider the pain and suffering you experience during that time as a part of your settlement or verdict. Even though you have left us, your wife and children will be the beneficiaries on your behalf.
So, what’s the big deal with this evidence I’ve been talking about? These coal mining cases are extraordinarily complex. In fact, sometimes the federal or state government will order the mine to be shut down and sealed. And if you have an inexperienced lawyer, you might be standing outside the mine unable to get in and scratching your heads. You’ve got to have an attorney who has the experts on hand, can get in that mine and protect the evidence necessary to prove your case.
The state and federal inspectors will help with that process, but if you wait two years, they won’t be able to do a thing. Many widows don’t realize, but in a deep mine case, they are actually entitled to have a representative be a part of that investigation. We can get a hold of the inspectors right away and kept up to date on what evidence is being collected, who is doing the collection and where it’s being stored. We can find out what facility or garage is holding it and who is doing the research. If you’re not there from early on, however, the evidence may disappear on you. It doesn’t get stronger with time.
Listen, I know this is a terrible time for your family. I get that. But as soon as you feel emotionally prepared, you’ve got to get on the phone or come into our office to meet us so that we can protect you and your family. If you wait a year and a half, a lawyer is going to have a very difficult time putting a strong case together. If you call us right away, we can start collecting evidence and researching the coal company, which often helps us prove how they put profit over safety, resulting in the death of your loved one. And keep in mind, when you call The Segal Law Firm, you aren’t going to talk to a secretary, paralegal, recording or trained monkey; you’re going to talk to me. And if you aren’t up to it, I can talk to an adult child or even a loved one of the family. Let’s get the conversation started so I can protect your evidence and prove your case. Don’t wait two years when you can talk to me today at 855-344-9100.