Recoverable Damages in a Wrongful Death Claim

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

There are several wrongful death claim damages that may be recoverable through a claim. Still, problems could arise stemming from partial fault of the deceased and the types of compensation that can be sought by surviving family members who file the claim. 

To better understand your rights, including what types of damages may be available, seek legal counsel today. A personal injury attorney at The Miley Legal Group in Clarksburg will review the case to help determine the best way to proceed.

Negligence in Wrongful Death Cases 

The value of a wrongful death claim can be impacted by any fault the deceased had in the accident or incident. For instance, if it’s found that negligent actions on behalf of the deceased contributed to the accident that led to his or her death, the amount of compensation available in a claim may be reduced. 

West Virginia follows a 50 percent rule of comparative negligence, meaning that if the victim is 50 percent or more at fault for the accident, then damages may not be recovered. If fault of the victim is less than 50 percent, damages may be recovered, but may be reduced by the proportion of the victim’s fault in the accident. 

Damages in Wrongful Death Cases 

An attorney will carefully consider all of the financial, emotional and physical losses that have been suffered as a result of your loved one’s death. 

The following are some of the types of damages that may be recoverable in a wrongful death claim: 

  • expenses incurred for medical treatment and care;
  • reasonable funeral and burial costs;
  • loss of earnings;
  • potential earning capacity (after death);
  • mental anguish;
  • loss of parental guidance;
  • loss of companionship; and
  • loss of services (taking care of children or home). 

When other family members become involved, it can lead to other types of wrongful death claim complications. As a result, you might benefit in seeking legal counsel.  

Personal Injury Attorney in Clarksburg at The Miley Legal Group 

Contact an attorney at The Miley Legal Group at 877-652-1031. We can evaluate the claim to review the types of damages you may be eligible to recover and explain the options available if you are running into complications with the wrongful death claim.

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