If your loved one’s death falls under wrongful death, you may need a wrongful death attorney to help you file your claim and secure damages to which you're entitled. Of course, you don’t have to hire a lawyer, but doing so can help you ensure you take all necessary legal steps and can help you build your wrongful death case against a negligent party responsible for your loved one's death.
Wrongful Death Claims in West Virginia
West Virginia Code §55-7-6 provides the rules for filing wrongful death claims. The law states that the only person who can file a claim is the “personal representative of such deceased person who has been duly appointed in this state, or in any other state, territory or district of the United State.”
The representative files the claim, but any monies collected will be distributed to the qualifying beneficiaries. Below are some of the dependents that may be named as beneficiaries in a wrongful death claim.
- Natural children
- Adopted children
- Other people that were financially dependent upon the decedent
Many families who’ve lost their loved one in a wrongful death find it helpful to hire a wrongful death attorney. A lawyer can explain the claims process, help compile evidence to support your claim, and answer any questions you have along the way.
It’s important to note that West Virginia law has a statute of limitations for when a wrongful death claim can be filed. The claim must be brought within two years of the death or you’ll lose your rights to compensation. If you are considering pursuing a wrongful death lawsuit, it’s important to not delay in taking action.
Get a Free Consult with a Wrongful Death Lawyer at Miley Legal
If you recently lost your loved one to an untimely death, our attorneys at the Miley Legal Group are here to assist you. Contact us at 304-931-4088 to schedule a free consultation at your convenience.