Filing a wrongful death claim in Clarksburg could give your family the closure and answers you need to move forward. Your family may be entitled to financial compensation by holding one or more parties accountable. Contact a Clarksburg wrongful death lawyer at Manchin Injury Law Group for a free evaluation of your potential case.
Losing a loved one is an unbearable tragedy under any circumstances. If you have reason to believe that someone else is responsible for the death of your family member, however, it can be even more difficult to accept.
Hiring a wrongful death attorney in Clarksburg to take over your claim can allow you and your family to focus on what matters most, such as mourning the loss of your loved one and planning a funeral service. Meanwhile, your lawyer can protect your rights and best interests during negotiations with an insurance company on your behalf.
Your lawyer will know how to file the required paperwork to initiate a claim, as well as how to fight for the case results that your family deserves. You can count on your Clarksburg wrongful death lawyer to carefully investigate the circumstances surrounding the fatal accident, identify the correct defendant(s), gather evidence, speak to witnesses, handle claims forms and take other actions in support of your claim.
The definition of wrongful death, according to West Virginia Code Section 55-7-5, is the death of a person caused by someone else’s wrongful act, neglect or default, if this action would have entitled the deceased party (decedent) to file a claim to recover damages had death not ensued. In this scenario, the same defendant that would have been held liable in a personal injury claim can be liable in a wrongful death action.
A wrongful death cause of action may be available in West Virginia after a fatal incident such as a car crash, catastrophic fall, workplace disaster or act of violence. It is not necessary to prove that someone intended to take your loved one’s life to be eligible for a wrongful death claim. It is enough to establish negligence, or the defendant’s failure to use reasonable and ordinary care. A Clarksburg wrongful death attorney at Manchin Injury Law Group can help you present evidence to support your claim.
The damages, or financial compensation, that may be recoverable in a wrongful death case in Clarksburg will depend on the circumstances. Most claimants are entitled to the following types of economic and noneconomic damages:
Always discuss the potential value of your wrongful death claim with an attorney before accepting an insurance settlement. An insurance company may try to underestimate how much your case is worth, while a lawyer will aim to maximize your family’s payout.
You only have a limited amount of time in which to file a wrongful death claim in West Virginia under the state’s statute of limitations. This law gives claimants no more than two years from the date of death to file most wrongful death cases. However, if your case is based on medical malpractice, including malpractice in a nursing home or assisted-living facility, you will only have one year to file. Do not delay in seeking help from a Clarksburg wrongful death attorney.
During the emotional and often financially difficult time after losing a beloved member of your family, allow an experienced wrongful death attorney in Clarksburg, WV to assist you with the legal process. At Manchin Injury Law Group, we will work relentlessly to pursue positive case results on your behalf. We are passionate about helping families seek justice. Request your free case consultation by calling (304) 367-1862 or contacting us online anytime.
