Need an Injury Attorney for a West Virginia Wrongful Death Case?
You never expect to lose your loved one in an accident because you hold those you love so close to you. Unfortunately, with so many different dangers on the roadways, we can only do so much to prevent serious injuries. So what do you do in your desperate time of need where you, unfortunately, lose a loved one at a time where you may have never expected it? Now the bills are adding up and you wonder how you will deal with the financial aspects of your loved one’s case as well as the emotional toll that it has been taking on your life.
The circumstances of all wrongful death claims are very much unique, especially because they can happen for many reasons – from truck drivers who are driving distracted, to car accidents with drivers who decided to drink before getting behind the wheel of a car. In many cases, criminal actions have taken place in these devastating cases, which can lead to a better outcome in your civil claim. Today we will look at wrongful death cases in full and how we can play a role in your case.
Elements of All Wrongful Death Claims
There are 4 elements that are unique to every wrongful death claim and must be proven before you are able to compensate on behalf of your loved one. These include:
- Negligence: Negligence can be shown in many ways. A driver has very obviously acted negligently in some way and now it led to the loss of your loved one. You can show this through their reckless actions, such as texting while driving or drinking and driving. There are many ways that negligence occurs in a variety of accidents.
- Breach of Duty: A duty is always owed to the plaintiff on the roadways. If the negligent party would have been watching out for others at the time of the accident, negligence could have been avoided and the death of your loved one could have been prevented.
- Causation: You must be able to show that the cause of the wrongful death stemmed from the breach of duty.
- Damages: Perhaps economic or non-economic damages resulted from your accident, such as medical costs and funeral expenses.
Moving Forward With a Wrongful Death Claim
Are you able to file a wrongful death claim when you have lost your loved one in a horrific accident? You may meet all other qualifications for a case, but what happens if you aren’t sure who is able to bring these cases? Usually, somebody can bring a wrongful death case on behalf of their loved one when they are either the designated beneficiary of the estate or somebody who is very close to your loved one. This means that, if you are a parent, spouse, or child, you will generally be able to recover for damages sustained by your loved one and your family in your desperate time of need.
If you qualify to bring a wrongful death suit, you may be able to receive certain types of benefits. For instance, did your loved one experience pain and suffering while they were in the hospital before their passing? Were you responsible for paying the medical bills that kept adding up before they lost their life? Did you have to pay out of pocket for a funeral you never thought you would have to plan? These are many damages that you may be able to recover when you bring a claim against a negligent party. In any wrongful death action, you should have an experienced attorney on your side. We can help you every step of the way as you bring your claim, so turn to us for more help.