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WEST VIRGINIA WRONGFUL DEATH

The loss of a loved one is not an easy time in one's life. When one finds out that the loss was due to the negligence of another, this difficult time can become even more difficult. Generally, a "wrongful death" is when the negligent actions of an individual, company, or organization caused the death of a person. As a result of this death, loved ones may experience their own injuries and are allowed to file wrongful death lawsuit in West Virginia to recover monetary damages. If you decide to bring a wrongful death lawsuit, then you should not hesitate to hire an experienced West Virginia wrongful death lawyer to ensure that you are properly represented in court and recover the wrongful death damages you are entitled to.

Why hire a West Virginia Wrongful Death Lawyer?

At a bare minimum, bringing a wrongful death lawsuit in West Virginia will require you to research and understand all of the relevant rules, regulations, and nuances of the laws associated with wrongful death in West Virginia. Due to all the stress faced during such a difficult time, it is highly recommended that one hire a West Virginia wrongful death lawyer who knows the ins and outs of West Virginia wrongful death law. A Virginia wrongful death lawyer can help relieve some of your stress and make sure that mandatory filing deadlines are met, important evidence is discovered and prepared, and your case is persuasively argued. All things you would have to do on your own if you do not hire a wrongful death attorney.

In addition, a West Virginia wrongful death lawsuit may be complicated further if there is more than one defendant involved in the lawsuit. Often, large insurance companies, with experienced attorneys, are named as defendants and will work hard to prevent any recovery of wrongful death damages in West Virginia. As such, it is highly recommended that you consult a West Virginia wrongful death lawyer before moving forward with a wrongful death lawsuit.

Statute of Limitations for West Virginia Wrongful Death Claims

In West Virginia, a plaintiff must file a wrongful death lawsuit within the statutory prescribed period of time known as the "statute of limitations." In West Virginia, to meet the statute of limitations for a wrongful death lawsuit, you must file it within two years from the date of the deceased's death.

If you are uncertain or have concerns about when you can bring a wrongful death lawsuit in West Virginia, be certain to consult a West Virginia wrongful death lawyer.

Kinds of Wrongful Death Lawsuits in West Virginia

The following is a list of actions that may lead to a wrongful death lawsuit in Virginia:

  • Car accidents
  • Medical malpractice
  • Criminal attack

The list above is not exclusive; there are other types of incidents that can serve as a basis for a wrongful death lawsuit in West Virginia. It is important to discuss the matters of your case with a West Virginia wrongful death lawyer.

Who Can File For and Recover Wrongful Death Damages in West Virginia?

A wrongful death lawsuit cannot be brought in West Virginia unless the person is designated in West Virginia law. The following individuals may recover wrongful death damages in West Virginia:

  • Deceased's spouse
  • Deceased's children (or stepchildren)
  • Deceased's brothers and sisters
  • Deceased's parents

Do not worry if you have any questions regarding your ability to bring a wrongful death lawsuit but, make sure to discuss your case with a West Virginia wrongful death lawyer to prevent any potential problems from arising.

Compensation Recoverable in a West Virginia Wrongful Death Lawsuit

A successful plaintiff in a West Virginia wrongful death lawsuit can recover a variety of different types of compensation. Wrongful death damages in West Virginia may be awarded as long as a jury deems it "fair and just." The following types of damages are available in West Virginia (non-exhaustive):

  • Funeral and burial costs
  • Loss of deceased's future income
  • Sorrow and mental anguish
  • Loss of deceased's services in the home
  • Loss of deceased's love and companionship

Your particular case may still allow you to receive other forms of wrongful death damages. As such, do not hesitate to contact a West Virginia wrongful death lawyer to ensure that you recover everything that you are legally entitled.

West Virginia Wrongful Death Laws

West Virginia Code

  1. Kinds of Wrongful Death Lawsuits
    • W. Va. Code § 55-7-5.
  2. Statute of Limitations
    • W. Va. Code § 55-7-6(d).
  3. Who Can Be Awarded Damages for Wrongful Death
    • W. Va. Code § 55-7-6.
  4. Recoverable Damages
    • W. Va. Code § 55-7-6.
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