Losing a loved one is an emotional experience for anyone. However, when negligence or recklessness plays a role in these incidents, it can lead to additional heartbreak.
When a loved one suffers a preventable death in West Virginia, you may be able to file a wrongful death claim. With these legal actions, you can seek compensation to address the financial and emotional burdens caused by this tragic loss.
At DiPiero Simmons McGinley & Bastress, PLLC, we understand the difficulties of these cases. Reach out to our Charleston, WV wrongful death lawyer today. With a consultation, we can help you discover your legal options to get the justice you deserve.
What Is Considered a Wrongful Death?
When a loved one dies due to reckless, negligent, or intentional actions of another person or entity, then that is considered a wrongful death. In these cases, surviving family members can seek compensation for the losses resulting from the death.
In West Virginia, these deaths can result from a wide range of circumstances. Some of the most common ones that we have seen at DiPiero Simmons McGinley & Bastress, PLLC include:
- Car, truck, and motorcycle accidents: Speeding, driving under the influence of alcohol or drugs, distracted driving, and reckless driving are negligent behaviors, and they can lead to the death of an innocent person.
- Workplace accidents: West Virginia’s economy relies on coal mining, construction, and manufacturing. Unfortunately, these dangerous professions can lead to fatal workplace accidents. If someone dies due to unsafe working conditions, equipment failures, or inadequate safety measures, it can lead to a wrongful death claim.
- Medical malpractice: When healthcare professionals fail to meet the expected standard of care, it can lead to misdiagnosis, surgical mistakes, improper treatment, or medication errors. If the death is a result of medical negligence, the family may pursue a wrongful death claim.
- Defective products: Manufacturers, designers, and distributors are responsible for making sure that their products are safe for consumer use. If a product is dangerous or contains a defect that leads to a fatality, the company may be held liable for wrongful death.
- Nursing home neglect: Poor medical care or abuse in nursing home facilities can lead to the wrongful death of elderly residents. Cases of neglect, malnutrition, improper medication administration, or a lack of supervision could result in fatal injuries or illnesses.
- Premises liability accidents: All property owners in West Virginia must maintain safe premises for visitors. Slips and falls, drownings, or other hazardous conditions can lead to fatal accidents.
If negligence or misconduct is a factor in the death of a loved one, you have the right to file a wrongful death lawsuit. Many families struggle during these times; sometimes, getting legal help can seem impossible. However, we are here to help you navigate these legal challenges at DiPiero Simmons McGinley & Bastress, PLLC. Contact our Charleston, WV wrongful death lawyer today.
How to File a Wrongful Death Claim in Charleston?
After consulting with a wrongful death lawyer, you may choose to file a wrongful death lawsuit. However, there are several steps to the process.
Under West Virginia Code §55-7-6, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. The court will either appoint a person or the deceased’s will names them for the role. While the personal representative files the lawsuit, the claim seeks compensation for the surviving family members. These individuals may include:
- The surviving spouse
- Children, including adopted children and stepchildren
- Parents
- Siblings or other financially dependent relatives
Sometimes, you could face challenges from the at-fault insurance company and its legal team. For that reason, you will want to reach out to a wrongful death lawyer in Charleston to help with your claim. Knowing what to expect can help alleviate some of the stress of the process. Here are some typical steps in these cases:
- Investigation: You (or your personal representative) and your attorney will gather evidence and build a case to prove the elements of wrongful death.
- Filing the lawsuit: Once you have evidence collected, your attorney will file the wrongful death lawsuit in the appropriate Charleston court.
- Negotiation and settlement: In many cases, the defendant or their insurance company may attempt to settle the case out of court. The claim can be resolved without a trial if an agreement is reached.
- Trial: If a settlement cannot be reached, the case will proceed to trial, where a judge or jury will determine whether the defendant is liable. If they are responsible for your loved one’s death, damages will be awarded.
Unfortunately, you do not have unlimited time to take legal action. In West Virginia, wrongful death claims must be filed within two years of your loved one’s death. If you do not meet the statute of limitations deadline, the court may dismiss the case, and you will lose the right to seek compensation.
Proving Negligence in a Wrongful Death Claim
If you want to be successful with your claim, you need solid evidence to prove that another party was responsible for the loss of your loved one. In these cases, there is the element of negligence. With that, the at-fault party’s actions or inaction must have directly caused a person’s death. Along with that, there needs to be causation demonstrating that the defendant’s negligence led to the fatal accident or event. Finally, all cases center on damages. In these claims, the surviving family members suffered financial and emotional losses due to the wrongful death.
The surviving family members may be entitled to several types of compensation, including:
- Funeral and burial costs related to the funeral and burial services.
- Lost wages and benefits compensation for what your family member would have earned had they lived.
- Pain and suffering damage for the emotional trauma and grief endured by surviving family members.
- Loss of companionship compensation for the loss of love, guidance, and companionship provided by your loved one.
In West Virginia, you may also consider a survival action. How is this different from a wrongful death? A wrongful death claim compensates the surviving family members for the losses they suffered due to the death of their loved one.
However, a survival action focuses on the harm suffered by the deceased before their death. With these claims, family members can recover damages the deceased could have pursued if they had survived, such as medical bills, pain and suffering, and lost wages incurred between the time of the injury and their death.
In many cases, both types of claims may be filed at the same time to ensure that both your losses and the deceased’s suffering are fairly compensated. With assistance from an experienced Charleston, WV wrongful death lawyer, they can help you determine the best course of action.
Get Help from Our Charleston, WV Wrongful Death Lawyer
At DiPiero Simmons McGinley & Bastress, PLLC, allow us to fight for the compensation you deserve in a wrongful death claim. Our legal team will make sure to hold the negligent party accountable for their actions.
Contact us to schedule a consultation with our Charleston, WV wrongful death lawyer for a free case review. We are ready to help you get the compensation and justice you deserve.
