West Virginia Wrongful Death Lawyer
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In the wake of a tragic accident that causes the death of a loved one, family members are understandably shocked, devastated, and grieving. Besides this, they may be facing substantial financial consequences and losses as well. When this situation has been caused by the negligence or wrongdoing of others, it can be especially difficult. However, under West Virginia law, compensation can be sought for the death of the loved one to provide financial assistance to help family members left behind meet the challenges that they may face moving forward.
At Wooton, Davis, Hussell & Johnson, PLLC, we represent clients in West Virginia and beyond in wrongful death claims and lawsuits seeking such compensation. Our legal team has a strong reputation for effectiveness in investigating and building cases in preparation for settlement negotiations or litigation in court. We are known for the results we obtain and the tough stance we take on behalf of our clients. If you need legal assistance of this type following the loss of your loved one, we are here to apply our years of experience and commitment to your case in search of a favorable result.
Wrongful Death Claims & Lawsuits in West Virginia
Wrongful death claims are similar to personal injury claims. If the decedent was injured in a negligence-based accident that could have led to a personal injury claim had death not occurred, then a basis for a wrongful death claim exists. This allows the personal representative of the decedent’s estate to bring such a claim to civil court. This can occur even if a criminal case has also been filed in criminal court against the party that caused the decedent’s death.
Through a wrongful death claim, monetary damages can be awarded by the court to the estate allowing family members to receive such compensation.
Family members who may be eligible for wrongful death damages include:
- A surviving spouse
- Any children of the deceased, including stepchildren or adopted children
- Parents of the deceased
- Siblings of the deceased
- Any other family members financially dependent upon the deceased
Types of Damages in a Wrongful Death Case
The damages that may be recovered in a wrongful death case include monetary compensation to the estate for the medical bills incurred by the deceased due to the accident, funeral and burial costs, loss of wages/income that the deceased would have earned, and for any damaged or lost property. Family members may receive compensation for their mental anguish, pain, suffering, and grief, and loss of companionship, comfort, care, guidance, and more.
Wrongful death claims are commonly based on fatalities from auto accidents, falls, swimming pool drownings, criminal attacks, defective products, medical malpractice, and workplace explosions, electrocutions, or other deadly accidents. These claims are subject to a statute of limitations that gives the personal representative two years from the date of the death to file a claim.
Turn to Our Compassionate West Virginia Wrongful Death Attorneys
Our firm is here to provide the caring and responsive help you need after the tragic loss of your loved one. We know how difficult this time can be for you and your family and how such a loss can change your lives forever both emotionally and financially. Our legal team is well-equipped to take on the burden of handling all of the details of your claim from gathering crucial accident and medical evidence to aggressively negotiating with or litigating against insurance companies. We urge you to let us use our vast experience to help at this difficult time as we work to help you recover the financial resources you will need to move forward and find closure.