If your family member died due to an accident or a disease, the law in West Virginia states that you have two years from the date of the death to file a lawsuit.
Now, just because you technically have two years, it doesn’t mean you should wait that long to call us at The Segal Law Firm. The sooner you call, the better. An investigation is needed in a wrongful death case. And that takes time. Remember, the advice and the call are completely free. Why wait?
Now, there are a few exceptions. I encourage you to call even if you think your statute of limitations has run. One of the most common exceptions to the two years is what’s called the ‘discovery rule.’ It’s when you don’t find out until after your loved one has died what the actual cause of death was. The famous one we all have heard involves a patient dying because the doctor left a medical device in them during surgery. The law says you have two years from the time that you reasonably could figure out what went wrong to file a case.
I can’t stress enough how important it is that you call us long before the two years has flown by. One of the worst things we have to tell a family is that because their loved one has been buried, the evidence has been buried with it. To get that evidence, we have to get a court order to dig up the body and pay a mortician a whole bunch of money. It’s extremely stressful for the family. And if the body is cremated, then there’s nothing we can do.
Don’t wait to call us. The advice and phone call are free at 855-344-9100.