Morgantown Wrongful Death Attorney
When your loved one passes away because of the negligent or reckless actions of an individual or company, that is considered a wrongful death. Unfortunately, many families are left to grapple with the loss.
These incidents are not just tragic events. Wrongful death cases examine the circumstances behind a person’s demise and whether negligence or misconduct played a role. With a wrongful death lawsuit, families have an avenue to seek justice for the loss of a loved one.
If your family has been affected by the death of a loved one, you will want to reach out to a Morgantown wrongful death lawyer. The legal team at Hendrickson & Long PLLC can assist you in assessing your legal options.
What Can Lead to a Wrongful Death?
A loved one’s passing has far-reaching effects. Their death makes an immediate impact on the financial, emotional, and daily aspects of the lives of surviving family members. However, when an untimely death is the result of the actions of a person, company, or other entity, many family members want answers.
These incidents are not just accidents; they involve reckless actions that have no regard for the safety of others. In turn, that has led to the death of an individual. Many types of accidents can cause a wrongful death, such as:
- Vehicle, bus, or airplane accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Criminal acts
- Unsafe premises
- Negligent supervision
In all these cases, someone acted in a negligent manner. Civil law allows families to hold those parties responsible for their actions and seek compensation.
What Types of Damages Can You Seek?
In the aftermath of a wrongful death, many families are faced with a financial burden. Depending on their actual monetary value, these damages may be considered economic or non-economic.
Loved ones can pursue several types of compensation in these cases, such as:
- Medical expenses for any costs related to the treatment of the fatal injuries.
- Lost income includes the individual’s salary, potential future earnings, and other monetary losses.
- Funeral and burial expense reimbursements incurred by family members.
- Pain and suffering damages address the emotional toll and mental anguish experienced by family members due to the loss of their loved one.
- Loss of companionship and consortium acknowledges the absence of the deceased’s companionship, guidance, and support.
Sometimes, punitive damages can be awarded by the court. In these cases, there was evidence of egregious misconduct or intentional actions leading to the wrongful death. Punitive damages punish the responsible party while deterring similar behavior in the future.
When seeking damages from the negligent parties, you need a skilled and experienced lawyer for your case. An attorney can assist with determining an appropriate amount of compensation.
While that may not bring your loved one back, it can help with all the financial struggles suffered after their death.
Who Can File a Wrongful Death Claim?
Any wrongful death claim in West Virginia requires the appointment of a personal representative for the deceased’s estate. They can often be a family member, attorney, or the executor of the estate. However, any settlements or awards will pass to the beneficiaries, such as:
- Surviving spouses, children, stepchildren, and adopted children
- Parents
- Siblings
To receive any compensation, the individuals must show they relied on the deceased person’s income or other financial benefits.
Like most civil cases, there is a statute of limitations for the personal representative to file a claim on behalf of the deceased’s estate. If no legal action is brought to court, a family may lose their chance to seek compensation.
In the state of West Virginia, the statute of limitations is two years from the time of the person’s death.
Why You Need an Attorney for Your Case
These cases focus on one vital aspect of the issue: determining liability. If the actions of a person, business, or entity did not occur, then the deceased individual would still be alive.
Liability in these claims can be challenging to prove. For that reason, family members will want to have an experienced Morgantown wrongful death lawyer as their advocate.
An attorney will take time to learn about your story and examine all the facts of the case.
When it comes time to negotiate with the insurance, your lawyer will assist in the process. Many times, insurance companies and the other parties’ legal defense want to blame the victim for their own death. Often, they may try to offer a settlement for a less-than-reasonable amount.
An experienced lawyer is there to protect your legal rights and fight for compensation.
In the event that negotiation does not lead to a settlement, a wrongful death attorney will represent your interests at trial. They will present compelling evidence to prove that the defendant’s actions were reckless and responsible for the death of a loved one.
These legal professionals will be your advocate every step of the legal process.
When you have suffered the loss of a loved one as a result of reckless or negligent actions, you need a skilled and experienced Morgantown wrongful death lawyer for your case. Hendrickson & Long PLLC has helped West Virginia families recover damages from these cases.
