Most Important Things to Know About a Wrongful Death Claim in West Virginia
Every day across West Virginia, individuals will lose their lives in serious accidents that take place at the hands of negligent parties. If this has happened to your loved one, you might be feeling lost and confused as you wonder how a West Virginia personal injury attorney will help you gain compensation for what you believe are immeasurable losses. In the midst of losing a loved one, you might feel confused, scared, and stressed. You might forget important aspects or steps that you must take to receive the reimbursement you deserve for your losses. Today, we want to focus on some of these aspects.
Things You Should Always Remember About Your Wrongful Death Claim
Not Everyone Can File: As you move forward with your wrongful death lawsuit, you might be surprised to find that not everybody is eligible to bring a claim. In fact, wrongful death damages can only be awarded to the surviving spouse of a loved one, non-adult children of the deceased parents, surviving parents, and designated representatives of the deceased individual’s estate.
Many people become confused by this concept because they are not an immediate family member and realize that they are barred from bringing a claim. The rules and regulations that dictate these claims can be extremely particular, which is why you need to understand your rights moving forward.
Damages You Can Claim: You can receive a variety of damages in a wrongful death claim to compensate for a wide variety of losses. You will be able to, for instance, compensate on behalf of the full value of your loved one’s life after they have been taken from you prematurely. These include aspects like lost wages and loss of companionship and love that your loved one is no longer able to offer you.
You might also qualify for compensation for financial losses, such as medical expenses, funeral, and burial costs, and pain and suffering that your loved one might have felt from their injuries before they passed away.
Statute of Limitations: You must also remember that there is a statute of limitations that you must abide by after you have lost a loved one in an accident. In most wrongful death cases, you will have two years from the date of your loved one’s death to file a claim against a negligent party. If you are unable to meet this deadline, you might be barred from bringing a claim.
Going to Trial or Settlement: You might be worried about the prospect of a trial, and this is natural. Yes, there is always a chance that your case will make it to trial; however, most cases do not go past settlement. This is why it is important to speak with an attorney who understands the ins and outs of all aspects of these claims and is willing to defend your rights whether settlement or trial is your choice.
How a West Virginia Wrongful Death Attorney Can Help
The last important aspects to consider if you are moving forward with a wrongful death claim in West Virginia is that you should have an experienced attorney on your side. Our attorneys at Katz, Kantor, Stonestreet & Buckner can apply our knowledge of the law to your claim and help you in many ways from helping you compile various elements of evidence to aid your claim and handling complex paperwork that might not always be so easy to understand. Our personal injury attorneys are here for you through it all. Please contact us at 304-431-4050 for more information.