Wrongful Death Bailess Smith PLLC - fighting for West Virginians

Charleston Wrongful Death Attorneys

Compassionate & Determined Legal Support for Family Survivors

Nothing can replace or bring back a lost loved one. When these losses are due to the negligence or wrongdoing of another, they are devastating to surviving family members. Aside from the grievous loss of the physical presence of their loved one, survivors often must face the financial damage from medical and funeral expenses as well as the deceased’s lost income that supported them. If you have suffered such a loss, bring your case to Bailess Smith PLLC.

Connect with us at (304) 553-0337 or through our online request form today.

We are committed to helping you seek maximum compensation for all of your losses—emotional, physical, and financial. Our Charleston wrongful death lawyers provide compassionate support combined with experienced and skilled representation throughout the duration of the claims process whether at the negotiation table or in court.

West Virginia Wrongful Death Claim Facts

In West Virginia, you generally have two years from the time of the wrongful death to file a claim against the negligent party.

Those who may file a wrongful death claim include:

  • Surviving spouses
  • Surviving children
  • Surviving parents
  • Siblings
  • Any other individual who was a dependent at the time of the wrongful death

A wrongful death may have occurred through a variety of circumstances, the most common being car accidents. Other types of accidents and incidents may also lead to wrongful deaths, such as truck accidents, motorcycle accidents, defective products, nursing home negligence, and more.

Survivors can file a claim seeking many different types of damages, such as:

  • Funeral and burial costs
  • Lost income of the deceased
  • Pain and suffering of the deceased prior to death
  • Medical expenses of the deceased prior to death
  • Mental anguish
  • Loss of companionship
  • Loss of financial security for the survivors

Legal Representation You Can Trust

Bailess Smith PLLC is here to thoroughly manage your wrongful death claim utilizing our exceptional experience and commitment to service. These types of claims can be complex, difficult, and stressful. As your advocate, our seasoned legal team will work tirelessly on your behalf to reduce the strain of such a difficult event and to stand up for your legal rights under West Virginia law.

Serving clients throughout Morgantown and West Virginia, contact us at (304) 553-0337.

Client Reviews

  • I highly recommend and am thankful for this law firm.

    “Bailess Smith took care of me and my family. As a former combat veteran and coal miner, I highly recommend and am thankful for this law firm.”

    - D. P.
  • Clients can expect to be treated with the utmost respect from minute one

    “Bailess Smith has helped me in so many different ways. Clients can expect to be treated with the utmost respect from minute one – no sugar coating. Bailess Smith shot me straight from the outset. ...”

    - Diana W.

Case Results

  • $1 Million Sexual Harassment

    We represented female employees who endured relentless sexual harassment in the workplace by their supervisor. The work environment was so bad for these young ladies that they had no choice but to quit. We successfully obtained a $1,000,000 settlement on our clients’ behalf. Bailess Smith strives to make workplaces safer and free of sexual harassment.

  • $400 Thousand Sexual Harassment

    A large employer failed to protect our client from being sexually harassed and groped in to the workplace by her male co-workers. We fought for our client and held this large employer accountable for the actions of their employees resulting in a $400,000 settlement.

  • $500 Thousand Violation of the West Virginia Patient Safety Act

    A healthcare facility fired our client in retaliation for reporting understaffing in violation of the West Virginia Patient Safety Act. Safety should never be silenced. We obtained a $500,000 settlement on behalf of our client.

  • $500 Thousand Workplace Harassment & Degrading

    Our client was subjected to harassment and degrading conduct in the workplace because of his race. He called Bailess Smith to help him alleviate the hostile work environment. We got involved and the employer paid our client $500,000 to resolve the case.

  • $1.5 Million Sexual Harassment/Wrongful Discharge

    Recovered over $1.5 million in a workplace sexual harassment case.

  • $1.6 Million Coal Contract Dispute Verdict

    Company awarded a $1.6 million verdict in a trial involving a coal contract dispute.

  • $1 Million Commercial Trucking Accident

    Injured truck driver awarded $1 million in a commercial trucking accident case.

  • $5 Million Illegally Withheld Wages

    Recovered over $5 Million for thousands of West Virginia workers.

  • $2.7 Million Commercial Contract Dispute

    Obtained $2.7 Million arbitration award in a commercial coal contract dispute.

  • $4 Million Workplace Accident

    Recovered $4 Million as a result of a workplace accident in the coal mines.


The Bailess Smith PLLC Difference

  • Free Consultations: No Recovery, No Fee
  • Over $90 Million in Judgments & Settlements
  • Open Communication: Phones & Email Are Always Monitored
  • We Are Honest & Upfront With Our Clients
  • Personable & Friendly Legal Team

Contact Us

Schedule your free consultation today!
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.