There is perhaps nothing more tragic than the sudden, preventable death of a loved one. If your loved one has died due to the negligence of another person or entity, the at-fault party is responsible for compensating you for damages, which can include:
- Medical bills.
- Lost future wages.
- Pain and suffering.
- Loss of consortium.
- Mental anguish.
- Property damage.
- Funeral expenses.
In this post, we will answer some of our clients’ most common questions about filing and winning West Virginia wrongful death claims.
Who Can File a West Virginia Wrongful Death Claim?
In West Virginia, wrongful death claims aren’t filed by a loved one, but by the estate of the deceased party. However, if a settlement is won, a number of family members may be eligible to collect compensation, including:
- The person’s spouse.
- The person’s children.
- The person’s parents.
- The person’s siblings.
- Anyone other dependents.
Can You File a Wrongful Death Civil Case If There Is Also a Criminal Case?
Yes. A criminal case is meant to find just punishment for the party or parties who were responsible for the person’s death. A wrongful death case, on the other hand, is meant to award the deceased’s estate with compensation for damages.
How Do You Prove a Wrongful Death Claim in Court?
There are four main components involved in wrongful death claims that must be proved in order to win a settlement or court case: you and/or your West Virginia wrongful death attorney must prove that:
- The defendant was wholly or partially responsible for the death of your loved one.
- Your loved one died as a result of the defendant’s negligence.
- The deceased party’s death affected surviving family members.
- The death of your loved one resulted in monetary damages.
How Much Is My Loved One’s Wrongful Death Claim Worth?
Calculating the damages in a wrongful death claim can be complex and an expert is often needed to determine damages. However, the amount that the estate requests is based on the following factors:
- How much the deceased party earned, and how much they were expected to earn in the future.
- The deceased party’s other household contributions, which could include housework and childcare.
- The medical bills related to the deceased party’s fatal injuries.
- The funeral expenses for your loved one.
- The amount of pain, suffering, and anguish caused by the at-fault party or parties.
What Is the Statute of Limitations for West Virginia Wrongful Death Cases?
In most cases, the estate of the deceased party has two years from the date of death to file a wrongful death claim in West Virginia. However, there may be exceptions to this rule in some cases, such as when vital information about the case was not discovered until after the death.
How Do I Know If I Have a Valid Wrongful Death Case?
Wrongful death cases can be extremely complex, and West Virginia wrongful death law can be difficult to understand if you do not have a legal background. The best way to find out if your loved one was a victim of negligence, and to decide whether or not to file a wrongful death claim, is to speak to an experienced West Virginia personal injury lawyer who has experience with these claims.