Nothing prepares you for the unexpected loss of a loved one. The grief compounds when you learn the death was preventable and resulted from someone’s negligence. In situations like these, the surviving family can pursue a wrongful death lawsuit to hold the responsible parties accountable for their misconduct. The compensation obtained from a claim can help with covering funeral costs, medical bills, loss of support, and other damages.
Filing a wrongful death claim on your own can be nerve-wracking. You are left to wade through the time-sensitive and complicated legal process while already grieving your loved one’s death. This is where a Huntington wrongful death lawyer from our team can help. Our personal injury attorneys will manage your case from start to finish, so you do not have to worry.
You May Recover These Losses Through a Wrongful Death Lawsuit in West Virginia
Family members or survivors of an individual who has lost their life through someone else’s negligence may recover damages through a wrongful death claim or lawsuit. “Damages” in this context refers to the monetary and non-monetary losses the survivors must endure after losing a loved one.
Losses that you may be able to recover include:
- Expenses for medical treatment, care, and hospitalization of the deceased
- Funeral and burial expenses
- Loss of care, maintenance, advice, and support that the victim would have provided their family members
- Loss of spousal companionship and parental guidance
- Lost earning capacity
- Lost inheritance (what the decedent could have saved up and left to their family if they were alive)
Depending on how your loved one passed away, your case may also be eligible to recover punitive damages. This type of compensation is awarded when an intentional, reckless, or grossly negligent act causes the death. Punitive damages are meant to punish the defendant and prevent the recurrence of such an event again.
A Huntington wrongful death lawyer from our firm will investigate how your loved one passed and interview the surviving family members to determine the full scope of losses you have suffered. We will also assign a value to the economic and non-economic damages you have sustained from your loved one’s death so we can pursue an appropriate settlement.
For a free legal consultation with a wrongful death lawyer serving Huntington, call (972) 535-6377
Who Can Pursue a Wrongful Death Claim in West Virginia?
Unlike some other states, West Virginia does not allow immediate family members to file a wrongful death lawsuit. Per WV. Code § 55-7-6, only the personal representative of the deceased person’s estate (an executor or administrator) can bring a wrongful death action.
The awarded compensation may be distributed among some or all of the following surviving family members:
- The victim’s spouse
- The victim’s children (including adopted and stepchildren)
- The victim’s parents
- The victim’s siblings
- Any person who was financially dependent on the deceased
If there are no such survivors, the award will be distributed according to the decedent’s will. In the absence of a will, the compensation will be distributed according to West Virginia’s inheritance law.
Huntington Wrongful Death Lawyer Near Me (972) 535-6377
Your Time Is Running Out to File a Wrongful Death Claim
You generally have two years from the date of your loved one’s death to file a wrongful death claim. This does not mean your claim must reach a verdict within two years. This time limit solely defines the amount of time you have to file a claim.
If you wait to file after the statute of limitation expires, your case will likely be dismissed, even if it is valid. We recommend not waiting – consider contacting us to file a claim as soon as possible. Starting early gives your Huntington wrongful death attorney enough time to investigate your case in-depth and collect evidence, some of which may be time-sensitive, to build a fact-based, strong case for compensation.
How Underwood Law Office Can Help with a Wrongful Death Action in Huntington
If you choose to hire a Huntington wrongful death attorney from our firm to lead your case, you can look forward to having a devoted legal professional by your side who will work towards bringing your case justice and the financial reparations you are entitled to. Our broad umbrella of services will ensure your case is managed well from filing to resolution.
Some of the services we offer that may help create a compelling wrongful death claim include:
- Evidence gathering: Our team will gather and evaluate police reports, medical records, photographs, video surveillance footage, eyewitness testimonies, and other avenues of information to uncover the events leading up to your loved one’s death. We will also gather proof of the incurred damages and evidence that establishes negligence on the part of those at fault for your loved one’s death.
- Filing paperwork: Our team has handled many wrongful death claims throughout West Virginia. We will handle the legwork of assimilating, filling out, and submitting all the relevant paperwork throughout a claim or lawsuit. We will ensure that all documents are accurately completed and submitted within the deadline.
- Determining fault: Once we thoroughly investigate each facet of the case, we will review the facts and circumstances to identify who was responsible for your loved one’s death. In some cases, multiple parties may be involved, and you may be able to obtain financial reparations from each of them.
- Assigning value to your case: Our team will interview the surviving family members to understand how your loved one’s passing has affected their lives. We will identify the full range of compensable economic and non-economic damages your family has suffered. We will then tabulate each loss to reach a fair settlement amount that we can then work towards securing for you.
- Negotiating for a fair settlement: Obtaining compensation is rarely a straightforward process. Our team will relentlessly negotiate with the liable insurers for a fair settlement that covering all damages.
- Handling communication: Our team will handle all the correspondence with the different parties involved in the case.
- Representing you in a trial, if necessary: If the liable insurance companies do not agree to a fair settlement, we will proceed to a trial and argue your case for fair compensation in front of a judge and jury.
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Call to Schedule an Appointment with a Huntington Wrongful Death Lawyer Today
A massive component of a successful wrongful death claim is your ability to prove the liable party’s negligence. Our firm will work diligently to collect strong evidence and develop a persuasive defense strategy that proves fault. A Huntington wrongful death attorney is ready to discuss your case and explain all your available legal options. We will communicate all the legal steps involved in filing a wrongful death lawsuit.
Please do not wait to contact us, since your wrongful death claim is subjected to time limits. Call to receive a free consultation where a member of our team will listen to your case and explain how our firm can help you with your fight for justice and compensation.