Every year, thousands of entirely preventable accidents occur that harm or injure West Virginia residents. Some of these accidents end lives.
To obtain justice for a family member’s tragic preventable death, you must hold the at-fault party accountable. No one should get away with negligent actions that cause a preventable accident that results in the premature death of another human being. At DiPiero Simmons McGinley & Bastress, PLLC, we are passionate about pursuing high settlements for grieving families, and we can help you too.
When you lose a loved one in a car accident, truck accident, or during any unanticipated incident, the recovery process can be devastating—especially if it could have been prevented. When a life is lost due to another’s actions or behaviors that were careless or reckless, obtaining justice is sometimes the best option and can aid the recovery process.
Our experienced Charleston wrongful death lawyers are here to help you seek that justice.
What Does Wrongful Death Mean?
In the legal world, wrongful death refers to a deceased person’s death that could have—and should have—been prevented. Most of these cases involve accidents directly or indirectly caused by:
- Negligence
- Reckless behaviors or actions
- Carelessness
The U.S. civil justice system lets surviving family members and loved ones of victims who died wrongfully take legal action, including filing a wrongful death or survival action against the guilty party for their wrongful act that resulted in fatal injuries.
Causes of Wrongful Death
These can arise from any type of accidental death. The tragedies that result in unexpected fatalities are often the direct result of another party’s negligence. The examples below are some of the most common situations that end in untimely passing.
Car Accidents
Auto accidents claim thousands of lives every year. Surviving victims may be faced with long recoveries and life-changing conditions. These wrecks typically result from:
- Speeding
- Distracted driving
- Reckless driving
- Auto design or manufacturing defects
- Drunk driving
- Driver inexperience
Truck accidents can also result in wrongful death. This outcome is often attributable to truckers neglecting their vehicle’s maintenance or driving for extended periods of time without stopping to rest as is required of them.
Bicycles and motorcycles, while liberating and great for exercising, can be deadly because of their exposure and size.
Defective Products
Manufacturers, distributors, and sellers have a responsibility to ensure their products are safe and reliable before they get into their customers’ hands. When they neglect that obligation, unsuspecting victims can suffer greatly. Examples of defective products include dangerous:
- Vehicles
- Child care products and toys
- Pharmaceuticals
- Toxic food products
Dangerous Property Situations
From unmarked or improperly cleaned-up slip, trip, and fall hazards to poor lighting or negligent security scenarios that make it easy for a criminal to lie in wait to attack an unsuspecting victim, these are some examples of situations that can lead a person to get seriously hurt on another’s premises in Charleston or elsewhere in West Virginia, resulting in their untimely death.
Medical Malpractice
When dealing with a medical issue, we put our trust in the hands of doctors, nurses, and other health care staff. Many of these individuals excel at their jobs; however, when mistakes occur, the consequences can be deadly. Mistakes can happen if corners are cut and when communication errors are made. The most common medical errors include:
- Birth injuries
- Misdiagnoses
- Delayed diagnoses resulting in delayed treatment
- Surgical errors
- Medication errors
A situation in which someone suffered harm due to a health care provider’s negligence would warrant the filing of a medical malpractice lawsuit. However, when someone dies, the filing of a West Virginia wrongful death lawsuit is appropriate.
Nursing Home Abuse
It can be a difficult decision to place a loved one in a nursing home. However, sometimes, it is necessary. When a Charleston, WV facility neglects its residents or intentionally abuses them physically or emotionally, the residents are at risk of sustaining serious injuries. A wrongful death could occur due to nursing home abuse, especially if malnutrition or dehydration were abuse factors resulting in your loved one’s passing.
Workplace Accidents
Employers have a responsibility to keep their employees safe by remaining compliant with the regulations established by the Occupational Safety and Health Administration (OSHA). When they neglect to follow those laws, employees are put at risk. The construction and transportation industries see a high number of wrongful deaths every year.
Whether your loved one lost their life in one of the incidents above or some other incident, we can help. Our attorneys can review what happened and let you know what your rights are, and help you file a case if you appear to have a valid claim.
Who Can File a Wrongful Death Claim in West Virginia?
A representative files a claim on behalf of the decedent in our state. The filer is referred to as a “real party in interest.”
The representative who files the lawsuit is typically an executor of the decedent’s estate. One of our attorneys can help you determine who in your family can be deemed a personal representative, and we can aid that person with the claim.
In the state of West Virginia, according to Code section 55-7-6, individuals who may be able to file a wrongful death lawsuit include:
- Immediate family members. Parents, spouses, and children have the right to sue a responsible party for the wrongful passing of a family member.
- Life partners or financial dependents. If you lived with the decedent as a partner or were financially dependent on the decedent, you may have the legal right to sue, depending on the circumstances, with the immediate family.
- Parents of a deceased fetus. This occurs in situations in which the accident caused a pregnant woman to miscarry her baby when the fetus was otherwise healthy.
- Persons who suffer financially after a death. If a loved one’s death causes you financial strain, you may be able to sue the at-fault party for damages that stemmed from the accident.
How Does Comparative Fault Affect Your Claim?
To resolve cases in which an injured person was partly at fault for their accident, West Virginia utilizes the comparative fault rule. This rule also applies to wrongful death cases in the event the decedent may have been partially responsible for the circumstances that led to their death. If this is the case, the law states that the deceased’s estate cannot recover damages if the victim was 50% or more at fault for what happened.
Let’s break down what this means with an example. If a person is crossing a street, gets struck by a vehicle, and passes away from what turns out to be fatal injuries, the surviving family has the right to file a claim. If it’s found the driver of the vehicle ran a red light, but the pedestrian was looking at a cell phone while crossing the street, a judge or jury can assign fault percentages.
Keeping with the example above, say the judge or jury decides the total damages are equal to $100,000 and also that the deceased is deemed 30% liable for the accident. This means the family and deceased person’s estate can only recover $70,000 in damages.
What Compensation Is Available To Recover From a Wrongful Death?
Recovering from the unexpected death of a loved one can undoubtedly take an emotional, physical, and financial toll. While we understand the lawsuit cannot bring your loved one back, the compensation can help with the accumulating medical bills and other expenses they may have left behind.
Family members may be eligible for compensation to cover the following categories after unexpectedly losing a loved one by taking legal action:
Economic Damages
Some tangible expenses families may incur after the untimely passing of a loved one that they may be eligible to recover include:
- Medical Expenses. Depending on the circumstances surrounding your loved one’s death, they might have received medical care before passing. If your loved one was treated for an extended period of time before their passing, it’s likely the cost of care was extremely high and burdensome. Compensation will help to cover these medical expenses.
- Funeral Expenses. Funeral and burial expenses often cost thousands of dollars. Depending on the wishes of the deceased or the family, the costs can seem extreme. Compensation can be secured to manage these bills.
- Lost Earnings. If the decedent was a financial provider for your family, you may be struggling even more.
Noneconomic Damages
As previously discussed, there are often emotional and other collateral consequences that aren’t easily quantifiable. Some of those may include:
- Pain and Suffering. If your loved one survived for some time after their injury incident, they may have experienced discomfort or endured crippling, conscious pain as they did so.
- Mental Anguish. The mental anguish suffered by your loved one if they were alive leading up to their death and also among you and your family members can be cited as you pursue compensation.
Families may be eligible to recover compensation for additional noneconomic damages stemming from the grief and other losses they’ve experienced and are still experiencing, such as the loss of companionship, consortium, and counsel. This is especially applicable in the event of the loss of a spouse or parent.
Punitive Damages
Financial and emotional losses aside, in some instances, especially when a loved one’s death resulted from:
- A drunk driver
- A serious workplace regulation violation
families may be eligible for compensation, known as punitive damages, in situations like the ones above. This compensation, imposed by a West Virginia judge, aims to punish the at-fault party in an attempt to prevent the same or similar actions from happening in the future.
Establishing Liability in a Wrongful Death Case
A surviving spouse or the personal representative appointee may be able to request compensation for the above-referenced damages as part of the settlement. However, doing so doesn’t come without challenges. You must prove liability which means showing that someone else’s negligence caused your loved one’s death.
There are elements you must prove to show that an alleged negligent party is liable for your loved one’s death. You must establish causation, including that the prospective defendant:
- Owed your loved one a duty of care
- Breached their duty of care to your loved one
- Violation of their duty resulted in your loved one’s passing
- Caused the decedent’s surviving loved ones or estate to suffer losses because they suffered fatal injuries
Your ability to establish these liability elements determines whether you can file suit. This is why it can be extremely helpful to have legal guidance.
What Factors Influence the Value of a Wrongful Death Lawsuit?
If you indeed have a valid claim, there are a number of factors that could potentially influence the value of a claim. Our experienced attorneys are prepared to handle the complexities of a legal case, so your family receives full and fair compensation.
The following could potentially influence the determined value of the claim:
- The facts of the fatal accident that led up to the death and whether the cause was a mistake or related to direct negligence
- If the death is not disputed, the claim could be worth more
- The amount of pain and suffering the deceased experienced preceding death
- The number of potential beneficiaries
- The age of the decedent
- The identity of the party who caused the death—a mistaken individual may be viewed more sympathetically than a negligent workplace or employer
- The level of insurance coverage—an underinsured or uninsured party may render damages unrecoverable
- The insurance company—who will likely try to minimize the claim and avoid paying full compensation
- The personal character or reputation of the decedent
- The experience of your attorney
Reach Out to a Charleston Wrongful Death Lawyer
After losing a loved one, you may have trouble making ends meet or recovering after having to pay for your deceased family member’s final costs.
In West Virginia, surviving family members can file a wrongful death claim for up to two years after their loved one’s unexpected death. Each personal injury attorney at our Charleston law firm will work to ensure you do not miss this deadline.
These cases are often incredibly complex; however, we will fight for you and the deceased person who senselessly lost their life due to someone else’s negligence to ensure the negligent party is held accountable for their actions. A legal claim will not erase the tragedy that occurred, but it can offer peace of mind so your family can focus on healing.
We understand that you’re grieving the loss of your loved one. Allow our wrongful death team to take care of your legal matters, and we’ll give you the time and compensation you need to recover. Call our Charleston firm today for a free case review. We’ll find a time for you to meet with an experienced lawyer or to learn more about the services we offer at our law firm.
