West Virginia Nursing Home Wrongful Death Lawyer

What is Wrongful Death?

Wrongful death occurs when a person dies as a result of another party’s negligence, recklessness, or intentional wrongdoing. In the context of nursing homes, wrongful death may result from abuse, neglect, or a failure to provide necessary care.

Under West Virginia law, wrongful death claims are designed to:

• Hold responsible parties legally accountable
• Provide financial compensation to surviving family members
• Encourage safer practices to prevent similar tragedies

When a nursing home fails in its duty of care — whether by ignoring medical needs, failing to monitor residents, or allowing unsafe conditions — and that failure leads to death, they may be held liable in court.

Common Causes of Wrongful Death in Nursing Homes

Nursing home residents are often frail, elderly, and reliant on staff for daily care. This makes them especially vulnerable to neglect and abuse. Some of the most common causes of wrongful death in West Virginia nursing homes include:

• Medical Neglect: Failing to provide timely medical attention, mismanaging medications, or ignoring worsening symptoms can quickly lead to fatal consequences.
• Infections: Preventable infections, such as urinary tract infections, pneumonia, or sepsis, can become deadly if left untreated or if poor hygiene practices allow them to spread.
• Falls and Head Injuries: Lack of proper supervision, unsafe facilities, or failure to use fall-prevention measures can cause falls, leading to severe injuries or death.
• Malnutrition and Dehydration: Neglecting to ensure residents receive adequate food and fluids can cause serious health complications, including organ failure and death.
• Bedsores (Pressure Ulcers): Untreated bedsores can lead to severe infections, sepsis, and ultimately death.
• Physical Abuse: In rare but tragic cases, residents may suffer fatal injuries due to intentional harm by staff or other residents.
• Medication Errors: Giving the wrong medication, the wrong dose, or failing to provide needed medications can be deadly for vulnerable residents.

Who Can File a Wrongful Death Lawsuit in West Virginia?

In West Virginia, only the personal representative (executor) of the deceased person’s estate can file a wrongful death claim. This representative may be named in the deceased’s will or appointed by the court.

While the personal representative files the claim, compensation is intended to benefit the surviving family members, such as:

• Spouse
• Children (including adopted children and stepchildren)
• Parents and siblings
• Other dependents or beneficiaries

If you are unsure whether you have the legal right to pursue a claim, our West Virginia nursing home wrongful death lawyer can review your situation and advise you on the best course of action.

Compensation for Wrongful Death

While no amount of money can truly compensate for the loss of a loved one, a wrongful death claim can help ease financial burdens and provide a sense of justice. In West Virginia, surviving family members may be entitled to compensation for:

• Medical expenses related to the final illness or injury
• Funeral and burial costs
• Loss of income that the deceased may have provided
• Loss of companionship, guidance, and care
• Pain and suffering experienced by the deceased before death
• Emotional distress suffered by surviving family members

In cases involving extreme negligence or intentional harm, punitive damages may also be awarded to punish the wrongdoer and deter future misconduct.

Why Choose McHugh Fuller Law Group?

At McHugh Fuller Law Group, we combine compassionate client care with aggressive legal advocacy. We understand the emotional toll these cases take on families, and we work tirelessly to ensure negligent nursing homes are held fully accountable. Our legal team has the resources, experience, and dedication to investigate thoroughly and pursue the maximum compensation available.

If your loved one’s death was caused by nursing home neglect or abuse, we are here to guide you every step of the way — from gathering evidence to negotiating settlements or representing you at trial.

Call (601) 255-0240 now to connect with a team that stands for justice, accountability, and the future of your family.