Clarksburg Car Accident Wrongful Death Lawyer

If your loved one was in a car accident that resulted in a fatality, you may be eligible to file a claim against the responsible party. Although money cannot bring your family member back, it can help you gain a sense of closure and recover financial losses. If you are facing these struggles in Clarksburg, a personal injury attorney can help file Clarksburg wrongful death claim.

Basics of Filing a Wrongful Death Claim

Because West Virginia has a statute of limitations regarding how long you have to file a claim after a fatal car accident, it is advised to get help from a personal injury attorney as soon as possible to ensure that you do not miss this important deadline. The attorney can help you gather the required evidence and paperwork to begin the claims process.

In order for a claim to be successful, you must prove that the accident was caused by another party. The accident may have been caused by a negligent driver (of either your loved one’s vehicle or another vehicle) or the automaker if the vehicle was defective. An attorney has the power to review the police reports and launch an independent investigation to determine who was responsible.

In addition to proving fault, the responsible party must have enough insurance and/or assets in order for you to recover compensation. If the driver was underinsured or uninsured, recovering damages can be difficult but do not panic because other assets or insurance policies may be used for your settlement. Sometimes business insurance and homeowners’ policies may be used to compensate the families of fatal accident victims.

Wrongful Death Damages

Filing a claim allows you to seek financial damages from the party who caused the accident. You can request compensation for the following:

  • medical expenses;
  • funeral and burial costs;
  • lost income;
  • value of household services your loved one would have provided;
  • loss of companionship; and
  • pain and suffering.

While figuring out the amount you should be compensated for medical and funeral expenses is simple, estimating the loss of companionship, and pain and suffering is much more difficult. However, by having an attorney on your side you will have experts you’ve hired to determine the number of financial damages you should receive for your loved one’s death.

Depending on the circumstances, you may also be awarded punitive damages. These are designed to punish the responsible party and provide you with restitution for his or her actions.