29 May 2015

By Jividen Law Offices, PLLC

In Wrongful Death

Nothing is more traumatic than unexpectedly losing a loved one, especially when their loss can be linked to the actions of another person or company. While nothing can take the place of a beloved, there are some steps that can be taken to hold the responsible parties accountable and begin to financially compensate you for this loss. Called wrongful death, these lawsuits seek damages to cover the loss of the loved one, wages that have been lost due to their death, missing companionship, funeral expenses, and loss. If you are considering a wrongful death claim or are wondering if this option is right for you, schedule a free consultation with the West Virginia personal injury lawyers at Jividen Law Offices, PLLC.

What is a Wrongful Death Claim? Can I Sue?

One of the core components of a wrongful death claim is proving legal fault. If it can be shown that another person’s negligence directly resulted in the untimely death of your loved one, a wrongful death claim can be pursued. In West Virginia, there are two important differences governing wrongful death claims:

  1. Wrongful death claims are seen as the estate of the deceased recovering the losses they would have received if they had lived, and family members can also receive damages for losses they suffered in connection; and
  2. Wrongful death claims are seen as civil lawsuits, meaning that a wrongful death claim can be pursued in court even if another kind of claim, such as criminal, is being placed on trial in connection with the case.

Representatives of the deceased’s estate can bring a wrongful death claim in front of the court and can share the damages that are awarded on their behalf. In general, this includes spouses, children, parents, siblings, and any other financial dependents of the deceased at the time of their death.

Recovering Compensation In a Wrongful Death Claim

Wondering what you can recover in a wrongful death claim? It’s a common question. While each state has different laws concerning the rights that are available to the family, West Virginia allows emotional and fiscal compensation to be sought.

If you have lost a loved one, you may receive legal damages for:

  • Sorrow and mental anguish
  • Loss of companionship
  • Medical bills
  • Funeral expenses
  • Lost wages
  • Property

When you are faced with a wrongful death claim, you do not have to approach this experience alone. You have two years to take action, and with the help of a compassionate and dedicated injury lawyer in West Virginia, can fight to help you recover some compensation to help you during this heartbreakingly difficult time. Our firm has over 35 years of combined legal experience and are dedicated to serving those in West Virginia and the Tri-State area that need our help. Call Jividen Law Offices, PLLC today for the legal guidance you deserve!