Marion County Wrongful Death Lawyer
Careless actions causing a fatal accident could devastate a person’s loved ones emotionally and financially. Wrongful death lawsuits exist to enable these individuals to pursue claims for damages from the negligent person or company responsible for their loved one’s passing. This could give affected family members relief from their loved one’s final expenses and allow them to move forward with a financially sound future.
With the help of a compassionate personal injury attorney, family members whose loved ones perished in an accident have a legal right to file a lawsuit and seek compensation. A Marion County wrongful death lawyer could meet with and advise a decedent’s family members as to how they could proceed to recover damages for their loved one’s passing.
Who Could Bring a Wrongful Death Claim?
West Virginia Code §55-7-6 outlines how plaintiffs may bring wrongful death lawsuits against a defendant and what compensation they could recover from them. Paragraph (a) indicates that a lawfully appointed personal representative may bring a lawsuit on behalf of certain family members of the decedent. Those family members include: the surviving spouse; any natural, adopted, or stepchildren; their parents; and anyone else to whom the decedent was providing financial support.
Paragraph (c)(1) describes the compensation available in a Marion County wrongful death suit. Possible damages that could be awarded compensation include, but are not limited to:
- The surviving family member’s sorrow, mental anguish, and loss of the decedent’s companionship and presence
- The loss of the decedent’s future income as well as other services and assistance
- The costs of the decedent’s final expenses, including ambulance costs, hospitalizations, and medical services
- The costs of funeral and burial or cremation services
By working with a Marion County wrongful death lawyer, personal representatives and surviving family members could feel more at ease knowing that an experienced legal counselor could guide them through the recovery process.
Statute of Limitations in Marion County
West Virginia Code §55-7-6 allows those seeking to file a wrongful death lawsuit two years from the date of the decedent’s passing to do so. This two-year period commences on the date of the individual’s death, not necessarily the date they sustain their injuries. If a plaintiff files a case outside of this designated window of time, the court may dismiss the case without awarding any damages.
Proving Negligence in a Personal Injury Case
Before a plaintiff can recover compensation in their case, the evidence must demonstrate that the decedent’s passing was caused by the defendant acting carelessly or recklessly. The plaintiff must prove that the defendant:
- Owed the plaintiff a duty of care
- Committed an act that violated that duty by disregarding warning signs or safety protocols
- The dangerous behavior caused an accident in which the plaintiff was injured
- The plaintiff has actual, recoverable damages from the injury
A qualified legal representative familiar with wrongful death cases could be the best person for plaintiffs to speak to if they have questions surrounding what to do after their loved one’s passing.
Speak with a Marion County Wrongful Death Attorney to Pursue Legal Action
The sudden loss of a family member can be traumatic. Unfortunately, critical legal rights could be lost if you do not act quickly. You and your family could be eligible to file a lawsuit against the person responsible for your loved one’s passing and obtain monetary damages. Contact a Marion County wrongful death lawyer to discuss your situation and financial future.