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.

Everyone processes grief in different ways. Some seek out the comfort of close friends, while others prefer to be alone with their thoughts. It is always a struggle to make sense of the loss of a loved one, and that issue is even more complex when the death was caused by someone else’s negligence. In those situations, you are entitled to seek compensation under a wrongful death claim.

As wrongful death attorneys with experience helping families recover after the unexpected loss of a loved one, we know there are many questions and uncertainties about the legal process. Filing a wrongful death claim can be intimidating, and often leaves families asking: How long does a wrongful death case take? It’s not an overstatement to say that every case is unique, and assigning an exact timeframe to a wrongful death case in some ways puts it at a disadvantage for a successful outcome. This is a complicated legal process that could take several months or years, depending on the circumstances.

There is a general public misconception that loss of consortium in a personal injury claim always refers to a relationship between spouses, and usually one of a sexual nature. But loss of consortium is a much wider term. So what does “loss of consortium” include? Loss of consortium covers several types of social and emotional benefits, and, in addition to relationships between spouses, can also include relationships between close family members, such as between parent and child. In short, loss of consortium is when someone is deprived of the vital benefits of a family relationship.

Let’s look more closely at the meaning of this term and how it applies to personal injury cases—in most situations, wrongful death cases.

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. The attorneys at 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.

On May 24, 2014, 15-year-old Leland Brown II passed away when emergency personnel from Kanawha County, West Virginia took an hour to get the teenager to the hospital from his family’s home in St. Albans after his mother called 911. Leland collapsed in front of his mother, and she made the call immediately. By the time the response team made it to the family home and transported Leland to the hospital, it was too late.

He was pronounced dead after arriving at the hospital. The cause of death was determined to be cardiac arrest. According to the Kanawha Ambulance Authority and Kanawha Metro 911, the first delay of 19 minutes—the time it took the ambulance to get to the teen’s home—was a result of a funeral that was held the same day for a former ambulance authority board member. The county’s ambulance units were rotated to attend the funeral services, but one of the rotations was improperly performed.