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  • The Miley Legal Group
  • 229 West Main Street
    Clarksburg, WV 26301
  • Phone: 304.931.4088
  • Fax: (304) 326-1801
  • Toll Free: 888.436.0859
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Evidence for Damages in a West Virginia Wrongful Death Claim (Part B)

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group

Damages in a wrongful death claim also have some similarity to those that may be sought in a personal injury claim. The evidence gathered by you and yourStarCitywrongful death attorney will be used to establish the amount of the award in the event of a judgment. 

In most cases, the three types of damages available in a wrongful death claim are: 

  • economic compensation like lost wages and medical and/or funeral bills;
  • non-economic damages for emotional pain and suffering; and
  • punitive damages designed to punish a negligent defendant.

 

For those types of damages, there are a few things your Star City wrongful death attorney may ask you to gather to help calculate damages such as: 

  • tax returns that will help establish the deceased’s future wages;
  • funeral or medical bills incurred through the treatment and burial of your loved one;
  • pictures of your loved one or letters they wrote help to establish pain and suffering; and
  • evidence used to establish negligence (hospital records, police reports, etc.) may further prove that punitive damages are in order.

Wage earning capacity and other economic damages are usually mathematical calculations. If a person makes a certain amount of money a year and they were expected to work for another 20 years, a person may expect a rough estimate around this amount. Medical and funeral bills are simply calculated through what was paid and what is still owed. 

Pain and suffering or punitive damages can be highly subjective. There are several factors that may play into the financial award warranted by these types of damages, and your Star City wrongful death attorney can help you make that assessment. 

The statute of limitations in West Virginia to file a wrongful death claim is two years, and families who believe their loved one’s death was caused by someone’s negligence need to consider that when deciding whether to file a suit. A lawyer can assess the case and help assemble the necessary filings in the appropriate time frame. 

A Star City Wrongful Death Attorney Understands These Lawsuits 

If your loved one has died as the result of someone’s negligence, you may have a wrongful death claim. If the fatality is the result of a car accident, read the 7 biggest mistakes that can wreck your West Virginia car accident claim. 

A lawyer with The Miley Legal Group can help you determine if you have a case. They can also help you gather evidence to make the best case possible for your loved one. Call today at 304-326-1800 or 888-436-0859 for more information.

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