A family member who has suffered the loss of a relative because of the negligence or carelessness of a business may want to consider filing a wrongful death claim. The law allows a spouse, parent or child to initiate a lawsuit for damages in their loved one’s death.
Under the guidance of a West Virginia wrongful death attorney, compensation may be sought for the following, caused by a loved one’s death:
- the loss of income;
- cost of any related medical expenses;
- funeral arrangements; and
- pain and suffering.
A wrongful death claim may name a business as the responsible party, such as a:
- nursing home;
- trucking company; or
- any other business establishment that caused the illness or injury to your family member that ultimately resulted in death.
Basic Requirements to File Wrongful Death Claim
There are some basic requirements that must be met before a wrongful death claim may be filed:
- death certificate - a wrongful death claim must have proof that a death did indeed occur. Normally, proof consists of a death certificate signed by a coroner;
- evidence the business is responsible – there must be a witness or another form of evidence that shows the business is responsible for this death; and
- evidence of suffering - the family member filing the claim must prove their loved one’s death is causing suffering. This may be financial or emotional trauma.
A wrongful death attorney can help guide you through the process of collecting the documents and evidence necessary so your wrongful death suit can be filed with a court of law.
Evidence for a Wrongful Death Claim
For a solid wrongful death claim to be won, it must prove:
- someone caused this death;
- negligence was directly involved;
- surviving beneficiaries have been adversely affected; and
- monetary damages have resulted.
A skilled wrongful death attorney will know what you need to prove your case, and can help you through the process. This is true as long as you are within the statute of limitations to file a wrongful death claim.
Talk to a Clarksburg, West Virginia Wrongful Death Attorney
If you lost a loved one because of someone’s negligence, you have a right to seek justice. The experienced attorneys with The Miley Legal Group have over 50 years of combined experienced and will fight for your fair compensation.
For a free book explaining The 7 Biggest Mistakes that Can Wreck Your West Virginia Car Accident Claim, call us today at 888-436-0859.