Monongalia County Wrongful Death Lawyer
Losing a loved one is among the most painful and life-altering experiences that you will ever have to endure. A death can cause severe emotional pain and affect your family’s finances and stability.
Unfortunately, some deaths are the result of the negligent or intentional actions of others. In general, if an incident takes places that would have given rise to a personal injury lawsuit had the injured person survived, the family members of the deceased have the right to bring a wrongful death claim.
If you lost a loved one due to another person’s actions, a Monongalia County wrongful death lawyer may be able to help you recover compensation. A compassionate personal injury attorney could fight tirelessly to hold the at-fault party accountable and protect your family’s financial wellbeing.
When Does the Law Consider a Death to be Wrongful?
Not every death is someone’s fault. Many people die due to incurable diseases, natural disasters, or their own carelessness. These cases, while tragic, do not give surviving family members a cause of action to pursue a wrongful death claim. In contrast, some deaths are caused by the actions of other people and can therefore give rise to wrongful death suits.
Everyday occurrences such as car crashes, trips and falls, and pedestrian accidents can inflict severe injuries that result in death. A basic tenant of the law states that all people are responsible for their actions, no matter how severe the consequences. As a result, an at-fault driver in a car accident is responsible for any death that may occur. A Monongalia County wrongful death attorney could investigate the cause of the death to determine if the family has grounds for a lawsuit.
Working to Bring Family Members Appropriate Compensation
Under WV Code §55-7-6, the personal representative (PR) of the decedent’s estate has the sole authority to serve as a plaintiff in a wrongful death case. The PR may be someone named in the decedent’s will or someone appointed by the court. In either case, they may not have a direct stake in the case. Instead, their purpose is to pursue the lawsuit on behalf of the surviving family members.
Wrongful death cases can demand a variety of damages. Section (c) (1) of the wrongful death statute says that juries can award damages for:
- Sorrow, mental anguish, or solace
- Loss of income or support that would have been provided by the deceased
- Expenses for medical care accumulated by the decedent prior to death
- Funeral expenses
Juries in these cases have immense power. There is no damage cap on wrongful death suits, and jurors may distribute these damages to each member of the estate as they see fit. A wrongful death lawyer in Monongalia County could help personal representatives of the deceased to pursue these cases for fair compensation.
A Monongalia County Wrongful Death Attorney Could Help Grieving Families
The weeks and months following an unexpected loss are some of the most difficult times for your family. You will need to come to terms with the loss but also consider your family’s future. While nothing can bring a loved one back, a wrongful death claim could help provide your family with financial stability for the present and future.
Any party that carries legal responsibility for the death may be required to provide payments. This includes private citizens, insurance companies, and corporations. If there is an incident that would allow a person to file a personal injury lawsuit had they survived, a wrongful death case may be appropriate.
A Monongalia County wrongful death lawyer could demand compensation for the loss in your life. There is a strict time limit to file a claim, so contact an attorney today.