Wrongful Death Claims and Case Representation in WV
Hatcher Law Offices Strives to Prove Negligence in Wrongful Death Cases
Wrongful death is a term used when someone causes the death of another person, most often due to his or her actions or by their failure to act. Wrongful Death is a civil action in court, not a criminal one. Since the person killed, called the decedent, cannot file suit or collect damages, it is the family or representatives of the estate that do so. You must prove that the death was caused by another’s wrongful act, that the act was such that the decedent would have been due damages from the act, and that monetary damages did arise from the act. If you meet these criteria, file a wrongful death claim immediately. Call Hatcher Law Offices today at (800) 554-7198 for a consultation.
Why File a Wrongful Death Claim?
The intent in filing the civil suit is to compensate the family members who have suffered monetarily and emotionally from the death. Damages include lost wages, benefits, loss of companionship, and emotional pain and suffering caused by the trauma. Defendants hold responsibility for a wrongful death when proven that the defendant’s conduct was the cause of the death. Evidence needs to prove that the death would not have occurred without the defendant’s act.
Understanding the Specifics of a Wrongful Death Claim
Time between the defendant’s action and the death of the decedent is not a factor, as long the defendant’s action was the proven cause of death. If the decedent was partially responsible for his death, he may be found to have comparative or contributory negligence. Depending upon the state in which the incident occurred, the court may award damages based on the percentage of negligence attributed to the decedent. If the decedent failed to seek appropriate medical care and that failure led to his death, there may be no grounds for a wrongful death claim or a reduction to an award.
Wrongful Death Compensation for Family Members
Medical and Death Expenses: These are the most obvious loss in a case of wrongful death, and the actual expense is usually easy to determine.
Future Earnings/Loss of Companionship: These damages are more difficult to calculate, and include anticipating the lifespan and earnings of the decedent, as well as the relationship to remaining family members. Loss of companionship is very difficult to calculate since it does not lend itself to empirical measurements. It is a valuation of the emotional pain and suffering experienced by the survivors.
Punitive Damages: This is an amount awarded to punish the person who caused the death, rather than to compensate for a specific loss. Punitive damages happen when the action of the defendant was intentional or grossly negligent.
Trust Hatcher Law Offices to Represent a Wrongful Death Claim
Whether this negligence occurred in a car accident or medical malpractice, you should seek a West Virginia wrongful death settlement. The attorneys at Hatcher Law Offices can file suit for you as soon as possible. Being awarded compensation can help alleviate financial worries so you can focus on your emotional healing. While it may be difficult to pursue a wrongful death suit in West Virginia, our attorneys are sensitive to the dealing process and know it can be an important first step. Contact us today for more information and a consultation on the wrongful death laws, and how these laws can protect you and your family during this difficult time.