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If you have lost a family member unexpectedly due to wrongful death, the financial burdens of missing work, funeral expenses, or lost income should not add to your emotional distress. Under West Virginia law, if your loved one has been killed due to the negligent or reckless behavior of a third party, you can collect damages. Whether this negligence occurred in an auto accident, because of medical malpractice, or nearly any other circumstance, you should contact the West Virginia wrongful death attorneys at Berthold Law Firm. We can file a suit for you as soon as possible and alleviate your financial worries, so you can focus on what is really important - your emotional healing. Additionally, a wrongful death lawsuit can provide closure for you and your family by holding the responsible party accountable for their careless or negligent actions.
WHAT IS A WRONGFUL DEATH CLAIM?
A wrongful death claim is a claim for damages arising out of someone's death when the death is caused by the negligence or fault of someone else. The claim must be filed by the administrator or executor of the deceased person's estate. This person may also be known as the personal representative.
WHEN SHOULD A WRONGFUL DEATH CLAIM BE BROUGHT?
In West Virginia, a wrongful death action must be brought within two years after the death of such deceased person
WHO MAY BE ELIGIBLE TO RECOVER DAMAGES FOR WRONGFUL DEATH CLAIMS IN WV?
In a wrongful death claim, the administrator or executor of the deceased person's estate, a personal representative for the deceased, will file for damages which are in turn dispersed to family members.
Some of the individuals that may be eligible for compensation in a wrongful death claim in West Virginia include:
If there are no such survivors, then the damages shall be distributed in accordance with the decedent's will or, if there is no will, in accordance with the laws of descent and distribution as set forth in the West Virginia State Code.
Since determining who can be awarded damages can be complex, it is important to have our Berthold Law Firm wrongful death attorneys guide you to make sure that you make these determinations in a timely manner.
WHAT DAMAGES CAN BE RECOVERED?
Some of the damages that family members may recover in a wrongful death in West Virginia include, but may not be limited to, damages for the following:
Though it may be difficult, pursuing a West Virginia wrongful death suit through our attorneys can be the first step toward healing. Contact Berthold Law Firm today for more information on wrongful death laws, and how those laws can protect you during this difficult time. Our attorneys are dedicated to pursuing justice and will work diligently to review, prepare, and represent your case. Learn more about wrongful death, and find out if our attorneys at Berthold Law Firm can help you regain peace of mind.
Our work has not gone unnoticed. Martindale‑Hubbell®, one of the country’s top legal directories, has awarded our firm an "AV" rating. This is the highest and most respected designation of legal ability and ethical conduct among firms in our practice areas. In addition, Berthold Law Firm has the best research tools and resources to fully investigate and evaluate your case.