Clarksburg Wrongful Death Claims

When someone you love dies because of another person’s recklessness, carelessness or misconduct this may lead to a West Virginia wrongful death claim. A Clarksburg wrongful death lawyer has the experience in this area of law to assist you with your claim and to explain how the process works.

Wrongful Death Accidents

A wrongful death accident can occur in a number of circumstances, such as:

  • Motor vehicle accidents;
  • Medical malpractice;
  • Defective product accidents; and
  • Slip and fall accidents.

While the circumstances that lead to the death of an individual may differ, the value placed on the claim generally will not vary from accident type to accident type (for instance, a car accident wouldn’t inherently be worth more or less than a slip and fall wrongful death claim). The only situation where the value may be different on a claim is in the case of intentional misconduct or severe recklessness.

Statute of Limitations for a West Virginia Wrongful Death Claim

The statute of limitations is the timeframe you are given to legally file your West Virginia wrongful death claim. In the state of West Virginia, you have 2 years to file a claim. So if your loved one died in July 2010, you would have until July 2012 to file. Of course, it is always best to get it filed as soon as possible.

Filing a West Virginia wrongful death claim in a timely fashion is important, which is why you shouldn’t put off speaking with a lawyer. This will help protect your family’s legal rights.

Succeeding in a Clarksburg Wrongful Death Claim

In order to succeed in a West Virginia wrongful death claim, it must be proven that another party failed to fulfill a duty of care to the deceased party. For instance, in a medical malpractice case, a doctor has a duty of care to their patient. If a doctor is medically negligent and it results in the patient’s death, you may be eligible to file a West Virginia wrongful death claim.

In the case of a motor vehicle accident, every driver has a duty of care to the public to operate their vehicle in a safe and proper manner. If a driver runs a red light, for instance, and crashes into another vehicle, killing the other driver, there may be grounds for a West Virginia wrongful death claim.

This type of claim can be very complicated. A lawyer will be able to evaluate your case and help determine if you have should proceed with the filing of a West Virginia wrongful death claim.

Contacting a Wrongful Death Lawyer

The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today to schedule a no-cost consultation.