Caring Legal Support After Losing A Loved One
Losing a family member is one of the most difficult experiences a person can go through. When that death is the result of someone else’s negligence or intentional act, it can be even more devastating.
If you have lost a loved one due to wrongful death, you may be entitled to compensation for your losses. At Wiseman Law Firm, PLLC, we can help you understand your legal rights and options and can fight for the most favorable outcome possible.
We have been representing the families of wrongful death victims in West Virginia for over 25 years. We have a proven track record of success in obtaining compensation for our clients. We are committed to helping you get the justice you deserve.
Wrongful Death Claims In West Virginia
Under West Virginia law, a wrongful death claim can be filed by the personal representative of the deceased’s estate. The personal representative is the person who is appointed by the court to manage the deceased’s estate.
The personal representative can file a wrongful death claim against the person or entity responsible for the death. The claim can be filed in civil court, and the personal representative can seek compensation for a variety of damages, including:
- Medical expenses
- Funeral expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Punitive damages
While money cannot bring your loved one back, it can help you cover their remaining expenses and compensate for the support you lost when they passed away.
The Statute Of Limitations
In West Virginia, the statute of limitations for a wrongful death claim is two years. This means that the personal representative must file the claim within two years of the date of death.
How To Support A Wrongful Death Claim
There are a number of elements that will help support a wrongful death claim. These include:
- Gathering evidence of the death, such as police reports, medical records and witness statements
- Interviewing witnesses
- Hiring an expert to investigate the death
- Filing a wrongful death lawsuit
You should also have the support and guidance from a knowledgeable wrongful death attorney who can help you through these steps. Often, there are complex issues with establishing wrongful death, and a lawyer can help you find what you need and submit your claim before the statute of limitations runs out.
Receiving A Settlement
In many cases, wrongful death claims are settled out of court. This means that the parties involved agree on the amount of compensation that will be paid.
The amount of compensation paid in a wrongful death settlement will vary depending on the specific facts of the case. However, the settlement should be enough to cover the damages that the family has suffered.
Talk To An Attorney Who Cares
If you have lost a loved one due to wrongful death, the Wiseman Law Firm, PLLC can help you. We understand the pain and suffering that you are going through. We offer a free consultation to help you get the answers you need. Call 304-314-4768 or contact us online to make an appointment in our Wood County office.