How Do I Know If I Can File A Wrongful Death Lawsuit?
- posted: Aug. 26, 2013
- Wrongful Death
The loss of a loved one is always devastating. When that loss could have been prevented, the emotional toll that it takes on your life can seem unbearable. The person or company that caused the death of your loved one through their negligent acts should be held accountable for what they did.
Anytime a person or company acts negligently — and their actions caused a death — a wrongful death lawsuit may be filed and damages may be recovered. The question then becomes: Who can file the lawsuit? That question is answered by looking at the West Virginia wrongful death statute. The text of the statute can be found here.
In West Virginia, the personal representative of the decedent’s estate may file a wrongful death lawsuit (WVC §55-7-6). In other words, the person who has been appointed to administer the affairs of your loved one upon their passing can file the claim. The personal representative can bring the claim on behalf the estate’s beneficiaries. The beneficiaries include:
- Surviving spouse
- Others relatives who were financially dependent on your loved one at the time of his or her untimely death
The truth of the matter is that no amount of money can compensate you for the premature loss of a loved one. At the same time, you shouldn’t be made to suffer for the negligent acts of another. If you have suffered the loss of a loved because of the careless acts of another, a wrongful death attorney can help hold the negligent party accountable for his or her actions.
Please call one of the compassionate attorneys at Calwell Luce diTrapano PLLC at 304-400-6558 or contact us online to schedule your appointment.