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Who Can File a Wrongful Death Claim in West Virginia?

Published on May 2, 2018 at 1:16 pm in Wrongful Death.

Unexpectedly losing a loved one is a terrible and traumatic experience. When someone’s negligence caused this loss, you would want that person to be held accountable. Filing a wrongful death claim can be difficult to do on your own. While you may want to get the matter over with as soon as possible, this could mean you’re not exploring all your options. Settling early could end with an unfavorable settlement.

A skilled lawyer can make the difference in your case. A Charleston, WV wrongful death lawyer from DiPiero Simmons McGinley & Bastress, PLLC can help you with your claim. We understand how hard this situation is and we will do all we can to get your loved one the justice they deserve. An experienced, compassionate, and hardworking lawyer will fight for your rights and do everything to get you the compensation you need.

DiPiero Simmons McGinley & Bastress, PLLC has proudly represented the citizens of West Virginia for years and we’re eager to continue to stand up for this community and will use all our resources available to help your claim. You don’t have to worry about harassing calls from insurance adjusters trying to make you settle early—we’ll take care of that, too.

Who Files a Wrongful Death Claim?

West Virginia wrongful death law says that the surviving family members can file the claim. If their claim is successful, they can get compensation for the death of their loved one. This will help ease the financial burden of losing someone if a family depended on that income, companionship, and ran a household with them.

This includes the following people:

  • Spouse
  • Children – This includes stepchildren and adopted children.
  • Parents
  • Siblings

Anyone who financially depended on the deceased can also receive compensation. One important note is that there is a statute of limitations of two years on wrongful death claims in West Virginia. This means the family has two years after the date of their loved one’s death to file a claim.

What Damages Can You Recover in a West Virginia Wrongful Death Claim?

Losing a loved one is a deeply emotional time. It’s more stressful if you depended on them financially. After the death of a loved one, many kinds of bills and expenses can start piling up. This would easily overwhelm anyone in this situation, but your wrongful death lawyer will help you not have to be responsible for that financial burden alone. In a wrongful death claim, you can receive compensation for the following:

  • Funeral and Burial Costs.
  • Medical Expenses.
  • Lost Wages.
  • Loss of Earnings.
  • Loss of Companionship.
  • Pain and Suffering.
  • Punitive Damages.

While we understand that a wrongful death claim won’t bring your loved one back, it can give you some peace of mind that you won’t have to worry about expenses and bills in the future. With this matter settled, you and your family can grieve without having to worry about what the services will cost or how you’re going to afford the hospital bill. A successful wrongful death claim can clear a path to let you and your family grieve for you lost loved one in peace.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.
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