Those seeking justice after a tragedy may decide to go to court. The law in West Virginia allows those harmed by the misconduct of others to take legal action in pursuit of compensation.
Wrongful death lawsuits can provide those affected by a tragedy with both closure and economic justice. Families considering wrongful death litigation may need information about the process so they know what to expect and how to handle their claims in civil court. What wrongful death basics do people need to understand before they take legal action?
What constitutes a wrongful death?
Every premature passing may feel like a wrongful death, but only certain scenarios constitute wrongful deaths under the law. Typically, wrongful death litigation is only possible when there is evidence that someone’s death was the result of a default, negligent behavior or wrongful acts.
The standard of evidence necessary to file a lawsuit is lower than the standard imposed in criminal courts. Plaintiffs do not have to prove that the defendant was at fault beyond a reasonable doubt. They simply need to show that a preponderance of the evidence supports their claims.
What losses can families recover?
Wrongful death statutes in West Virginia allow families to seek economic and non-economic losses associated with the tragedy. They can request compensation for medical bills and funeral expenses. They can ask for compensation for lost wages and even employment benefits.
The economic value of the deceased person’s household services, such as child care or vehicle maintenance, can also contribute to the value of the lawsuit. Families can also seek non-economic damages for their mental anguish and the loss of companionship that they experience.
Who can file the lawsuit?
Generally speaking, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. In such cases, they take action on behalf of the estate.
If the lawsuit is successful, they cover expenses previously absorbed by the estate and then distribute what remains to the affected family members. Prompt action is typically necessary, as West Virginia imposes a two-year statute of limitations on wrongful death lawsuits.
Working with a Charleston wrongful death law firm can help grieving families and personal representatives demand justice after a tragedy. Those who understand the basics may be able to better recognize when they have grounds to take action in the civil courts.