Fairmont Wrongful Death Lawyer
Losing a loved one is can be unbearable to any family. The wrongful death laws of West Virginia offer some relief and protection for those surviving the tragic and untimely loss of a loved one. You do not need to handle the legal elements of your case alone.
A compassionate Fairmont wrongful death lawyer could advocate on your behalf and help you seek justice for your loved one. Speak to a knowledgeable personal injury attorney to discuss your eligibility to file a claim.
Filing a Wrongful Death Lawsuit
Knowing who can file a wrongful death lawsuit, as well as the timeframe in which to file, are two key factors in ensuring a claim begins properly.
Who Can File a Wrongful Death Lawsuit?
West Virginia Code § 55-7-6 names the personal representative of the deceased as the party who can bring a wrongful death action. The personal representative can file the action on behalf of those who are entitled to receive compensation, which includes, but is not limited to, the decedent’s surviving spouse and children.
When to File a Wrongful Death Lawsuit?
A wrongful death lawsuit, with few exceptions, must be brought within two years of the deceased person’s death, according to W.V. Code §55-7-6(d).
Who Can Receive Damages from a Wrongful Death Lawsuit?
The jury or, where the wrongful death case is tried without a jury, the court, according to W.V. Code §55-7-6, may award damages and proportion the distribution of the damages amongst the decedent’s:
- Surviving spouse and children, including adopted children and stepchildren
- Any persons who were financially dependent upon the decedent at the time of their death
A dedicated wrongful death attorney in the Fairmont area could be able to speak with the decedent’s surviving estate about their loved one’s situation and determine when, by whom, and how to proceed legally.
Recoverable Damages in a Wrongful Death Lawsuit
Losing a loved one could impact all elements of a family’s life, including financially. Often, a surviving spouse faces mortgage payments and other bills that remain due every month, or surviving children no longer have their provider. The emotional and financial impacts are devastating and far-reaching. And, although no amount of money can make a grieving person whole, the law does allow for compensation of certain financial and emotional costs in an effort to relieve the surviving family of certain burdens.
The types of damages recoverable in a wrongful death lawsuit, pursuant to W.V. Code §55-7-6(c), include:
- Mental anguish
- Solace, which may include society, companionship, comfort, guidance, kindly offices and advice of the decedent
- Loss of reasonably expected income of the decedent
- Services, protection, care, and assistance provided by the decedent
- Expenses for the care, treatment, and hospitalization of the decedent regarding the injury that resulted in their death
- Reasonable funeral expenses
An experienced wrongful death attorney in the Fairmont area would be able to take the time to gather the relevant medical records, financial documents, and expert testimony necessary to help prove the extent of the plaintiff’s damages.
Get in Touch With a Fairmont Wrongful Death Attorney
If you lost a loved one in a fatal accident due to the negligent actions of another, let a compassionate attorney help your case. A knowledgeable lawyer could help you seek justice for your loved one’s untimely passing.
A Fairmont wrongful death lawyer understands how devastating losing a loved one could be. They could advocate on your behalf and handle the legal aspects of your claim while your family grieves. Whenever you are ready, a lawyer is here to help.