West Virginia Wrongful Death Lawyer

Miley Legal Group

What Types of Accidents Are Eligible for a Wrongful Death Suit?

  • Slips and falls
  • Accidents on the job site
  • Automobile or motorcycle accidents
  • Defective product accidents
  • Workplace accidents, including mining
  • Hospital Errors
  • Drunk driver accidents
  • Any other type of accident that could have been reasonably prevented.

There are many factors that decide whether an accident is eligible for a wrongful death suit. Almost all of these boil down to whether the other party had malice or negligence when committing the act that resulted in end of life for the deceased.

What Is Needed To Establish a Case of Wrongful Death?

  • Police reports
  • Medical records
  • Eyewitness statements
  • Photographs
  • Video
  • Other types of information that could be pertinent or support your wrongful death lawsuit.

You and your lawyer will need to gather information and evidence to prove the negligence of the person you are suing. It is important to make sure you obtain this information to establish fault.

Who Can File a Case or Receive Compensation In a Wrongful Death Lawsuit?

  • Surviving children, step-children or direct descendant
  • Surviving spouse
  • Immediate family members
  • Legal dependents

There are limitations that only allow certain people to file or receive compensation for a wrongful death claim, however, in addition to those listed an attorney may file the case on behalf of a client.

What Types of Damages Can You Receive From a Wrongful Death Claim?

  • Economic damages: often losses that can easily be calculated such as medical bills, funeral expenses, and loss of income
  • Non-economic damages: losses that are often less tangible, such as pain and suffering
  • Punitive damages: often awarded as a form of punishment towards the defendant.

 

Is There a Statute of Limitations for a Wrongful death Suit in West Virginia?

You need to be aware of the statute of limitations that limits how long you have to file the claim after your loved one’s death. Under West Virginia’s law, you have 2 years to file for wrongful death upon the time the death occurred. If you miss this deadline, you may not be able to take further action.

Do You Need a West Virginia Wrongful Death Lawyer?

Wrongful death cases are almost always very complex and should be filed with the help of an experienced wrongful death lawyer by the administrator of the deceased person’s estate or affairs. To file a wrongful death lawsuit and receive compensation, in the state of West Virginia you will need factors that prove that the negligence or malice of another person resulted in the death of your loved one.  At the Miley Legal Group we Focus on the needs of our clients. In this trying and difficult time of mourning, pain and, anguish. We make sure you receive the time to concentrate on healing instead of worrying about what is going to happen next. The Miley Legal Group we truly are sorry for your loss. So we take the fear out of the legal process and ensures that our client’s legal rights are being protected. Call an attorney today to have your questions answered and to receive justice on your loved one’s behalf