According to the Centers for Disease Control and Prevention, over 3,279,857 people passed away in the U.S. in 2022. Unfortunately, not every death is due to natural causes. In some cases, those fatalities are the result of another person’s actions.
Losing a loved one is a difficult and emotional experience, especially when their death was the result of someone else’s negligence or misconduct. Many families are left searching for answers while struggling with the loss.
You do have a way to seek justice and compensation through the filing of a wrongful death claim when a loved one suffers a preventable death in West Virginia. Not only can those responsible parties be held accountable for their actions that caused your relative’s untimely passing, but you can also address the financial and emotional burdens caused by this tragic loss.
At DiPiero Simmons McGinley & Bastress, PLLC, we know the turmoil that losing a family member due to another person or entity’s reckless or negligent actions can cause. Allow us to help you take legal action. Consult with our Charleston, WV wrongful death lawyer to learn more about legal options available to you to get the justice you deserve. Your initial meeting with our attorneys is free.
Wrongful Death Claims Explained
Families who have lost a loved one due to negligence or misconduct have the option to file a civil claim against the responsible party who caused their death. That is known as a wrongful death lawsuit, which is used to obtain financial compensation for the loss.
By pursuing these legal options, families can address the financial burdens that often accompany the sudden death of a family member, such as medical bills, funeral costs, and the loss of future income. Beyond that, families may pursue wrongful death claims to seek justice and hold wrongdoers accountable.
Did a Loved One Die in One of These Incidents?
Unfortunately, many situations can lead to a wrongful death lawsuit. Often, the individual’s death results from another party’s negligence, recklessness, or intentional misconduct. Some of these common scenarios include:
- Medical malpractice
- Truck crashes, motorcycle wrecks, or car accidents
- Workplace accidents
- Defective products
- Premises liability
- Nursing home neglect or abuse
- Construction accidents
- Criminal acts
Each situation involves unique legal considerations and requires thorough investigation to establish liability and pursue a wrongful death claim.
Who May File a Wrongful Death Lawsuit in West Virginia?
Under West Virginia Code §55-7-6, you will need a personal representative to file a wrongful death claim. This individual must act in the estate’s and its beneficiaries’ best interests. One of the key responsibilities that this individual has is distributing any compensation awarded through the claim to the beneficiaries.
Sometimes, there is no appointed representative. A spouse or close family member can apply to be the estate administrator in these cases. If no one comes forward, then the courts may appoint an individual to act in this role.
Elements of Negligence You Must Prove To Pursue a Wrongful Death Action
If you or the personal representative want to bring a lawsuit against the responsible parties for your relative’s death, you will need to prove certain elements. Similar to a personal injury lawsuit, negligence plays a role in this unfortunate incident.
Concerning the death of the victim, their passing must be directly related to the alleged negligent or wrongful act. There also needs to be proof that they owed your loved one a duty of care. With that, the defendant had a legal obligation to act in a certain manner to avoid causing harm to others.
Due to the breach of duty, a death occurred. In these cases, the defendant violated the duty of care they owed the victim through their actions or inactions. For example, with medical malpractice deaths, you may need to show that the defendant’s conduct fell below the standard of care that a reasonable person would exercise under similar circumstances.
Along with that, you must show a direct link between the defendant’s breach of duty and the death of the victim. Many times, this is often supported by expert testimony and evidence showing how the defendant’s actions led to the fatal outcome.
Finally, the surviving family members must have suffered actual damages as a result of the death. These damages are the basis of the claim and help with calculations of losses.
Provided you can prove the elements above, you may be able to file a wrongful death lawsuit. Your attorney will collect evidence and consult with expert witnesses necessary to determine who might be liable for the death and establish the necessary elements of negligence to move forward with your legal claim.
What Types of Damages Are Awarded in Preventable Death Cases?
Loved ones can seek several types of damages by filing wrongful death cases in Charleston, WV, including:
Economic Damages
These damages have a certain value and often include:
- Funeral and burial expenses
- Pre-death medical care
- Expected income loss
Noneconomic Damages
These are subjective and often challenging to quantify. These awards may include:
- Pain and suffering
- Loss of consortium
- Loss of guidance
Punitive Damages
These act as a punishment for the defendant’s egregious behavior. However, they are not awarded in every case. Your claim may not qualify for this type of compensation.
Always seek guidance from your Charleston, WV wrongful death lawyer to learn more about the available damages in your case.
Why You Need a Charleston, WV Wrongful Death Lawyer To Help You Take Legal Action
West Virginia’s wrongful death statutes are difficult to understand. If you are not well-versed in our state’s laws, navigating without legal assistance can be challenging. A skilled lawyer can help interpret and apply these laws to your case.
Along with that, a wrongful death lawyer in Charleston, WV will ensure that the responsible parties are held accountable for their actions. With their thorough investigation, they can help you build a strong case to get justice for your grieving family.
With these claims, you can become one step closer to seeking monetary compensation to address the financial losses and hardships experienced by your family due to the untimely death of your loved one. Death attorneys like ours are here to calculate the full extent of the losses and fight for fair compensation.
Contact our knowledgeable team at DiPiero Simmons McGinley & Bastress, PLLC, if you believe you have a wrongful death claim and want to confirm that’s the case and how to best proceed. Discussing your case with a member of our legal team in our Charleston office is free of charge.
Get The Help You Need After a Loved One Unexpectedly Died
At DiPiero Simmons McGinley & Bastress, PLLC, we know that a wrongful death case can take an emotional toll on families. Allows us to take the burden off your shoulders as we fight for the compensation you deserve in a wrongful death claim. We can assist you in ensuring that the negligent party is held accountable for their actions by helping you secure a maximum financial settlement for your losses.
With our law firm’s help, your family can focus on healing after your devastating loss. Contact us to schedule a consultation with our Charleston, WV wrongful death lawyer for a free case review. We will explain your legal options and help you take the next step in your case.
