Nothing can adequately address the devastation of losing a loved one. However, the impact of losing a loved one unexpectedly, particularly because of someone’s negligence, can be much harder to endure. The decedent’s survivors must also cope with the financial strain of arranging a burial and addressing a loss in income, all while dealing with the emotional and mental aspects of losing a loved one.
When someone’s carelessness or misconduct leads to another person’s death, this becomes a matter of wrongful death under personal injury law. These special claims help survivors of a deceased person find full compensation for the financial and emotional effects of losing a loved one. The attorneys at the Manchin Injury Law Group, PLLC have been helping West Virginia families file wrongful death claims against corporations and other entities for over 37 years.
Wrongful death claims provide an important recourse for families who lose a loved one in a tragic accident, particularly when that person was an important wage earner. West Virginia wrongful death law allows certain individuals to file claims for damages, which include:
When someone’s gross negligence leads to another person’s death, the surviving family members may also be able to pursue punitive damages. These exist to punish the defendant for wrongdoing and discourage similar behavior in the future.
Under West Virginia law, only certain people can file wrongful death claims. These are usually individuals who may be classified as “financial dependents.” Examples include surviving children, a spouse, or siblings. Parents who lose minor children may also bring wrongful death suits against the parties responsible.
There are also certain time limits for filing a wrongful death claim, referred to as the “statute of limitations.” In West Virginia, you have two years from the death to file a lawsuit or you may lose your ability to gain compensation for your loved one’s death.
If you recently lost a loved one in an accident and you think that another person or entity is legally responsible, you may be able to file a wrongful death claim under civil law. While nothing can truly make up for losing a loved one, these claims go a long way in providing financial security and may relieve at least one aspect of this stressful experience. The attorneys at the Manchin Injury Law Group, PLLC handle these cases with compassion and treat every client like family. To schedule a free initial consultation with our firm, please contact us.