Whenever someone you care about passes away, you go through a certain amount of denial as part of the grieving process. There are many deaths that are expected.
However, there are just as many others that come as a complete shock. When the circumstances around a person’s death can be attributed to someone’s negligence, it isn’t just a loss but also a potentially actionable offense.
As you are grieving the loss of a loved one, the last thing you want to deal with is a complex wrongful death claim that involves gathering evidence, filling out documents, and going through a negotiation process. However, filing a wrongful death claim is more than just about getting compensation.
It is about finding a measure of justice and holding those who caused the harm to your family accountable.
At DiPiero Simmons McGinley & Bastress, PLLC, we understand how difficult it is for a family to go through this type of claims process. We also understand the importance of finding a resolution that will help that family move forward. We are a team of experienced Charleston wrongful death attorneys who can take up the burden of filing the claim and pursuing a remedy that can provide a measure of peace.
As you enter this process, it is essential to understand who can file a wrongful death claim, as dictated by West Virginia law.
What Is a Wrongful Death Claim in West Virginia?
In West Virginia, wrongful death is defined as “Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action to recover damages.”
A wrongful death claim is also a civil claim that can be filed against an individual, corporation, or even the government. Even though you file that claim to seek compensation for the financial losses attributed to the death, you’re also seeking justice. It is essential to note that if criminal charges are associated with the incident, they will be pursued by the West Virginia Office of the District Attorney.
The outcome of a criminal case should have no impact on your wrongful death claim. In other words, you don’t have to wait for someone to be found guilty before you file a claim.
Although many people associate a wrongful death claim with some form of medical malpractice, a wrongful death can also be attributed to a car accident, truck accident, or a slip and fall accident.
If you think the loss of your loved one can be attributed to someone else’s negligence, you need to discuss your options with an attorney at DiPiero Simmons McGinley & Bastress, PLLC.
Who Can File a Wrongful Death Claim in West Virginia?
Although there might be several beneficiaries of a wrongful death claim settlement, technically, only one person can file a claim on behalf of those beneficiaries. That would be the personal representative of the estate. Whenever someone dies, the assets they leave behind are considered the estate.
You don’t have to be a millionaire or even own a home to have an estate. The designated representative of the estate might be dictated in the terms of the decedent’s will. If there is no will, a spouse will have to apply to be appointed as the administrator of their loved one’s estate.
Once the representative is named, the claim can move forward. It is essential to remember that a claim differs from a lawsuit. That initial claim might be against the at-fault person’s insurance carrier.
Often, in cases like these, the insurance company will propose a settlement to avoid a jury trial.
However, if a settlement can’t be reached, your wrongful death lawyer might recommend filing a lawsuit in civil court.
You only have two years from the date of the death to file a wrongful death lawsuit. Going through the insurance claim process before filing can take several months. That is why you need to respond quickly to move the case forward.
Who Is Entitled to Compensation?
Whether compensation is paid directly in the form of an insurance settlement or as part of a jury verdict, several family members are entitled to receive a portion of the final amount. These are the beneficiaries in primary order:
- Surviving spouse
- Children, stepchildren, and adopted children
- Parents and siblings
- Other dependents who were financially dependent upon the decedent
There could be additional beneficiaries named in the will. If a jury awards the wrongful death claim, it might direct how the funds are to be distributed among the beneficiaries. The judge in the case might also decide on the distribution based on testimony presented at a separate hearing.
How DiPiero Simmons McGinley & Bastress, PLLC Can Help with Your Wrongful Death Claim
When you suspect that negligence contributed to the death of your loved one, you’ll need to prove it by submitting evidence and expert testimony. This is not something that can be handled in a small claims court, where you might represent yourself.
You need to rely on the skill and experience that the attorneys from DiPiero Simmons McGinley & Bastress, PLLC, can bring to the table. We will only move forward with a wrongful death claim if we are confident in the merits of the case. To understand your options and challenges with filing a wrongful death claim, you’ll want to set up a consultation.
We’ll help provide you with the information to help you decide what to do next.
