Lawyer David A. Sims Handles Wrongful Death Claims Resulting From Accidents, Malpractice, Negligence, and Liability
Attorney David A. Sims handles wrongful death claims for accidents, medical malpractice, negligence, product and premises liability in West Virginia. If you have lost a loved one at the hands of another person or through the negligent fault of a corporate or government entity (either through negligence or an intentional act), you may be able to file a wrongful death claim. The plaintiff or representative(s) of the estate of the victim usually files the claim (on behalf of surviving family members such as the spouse, parents, biological or adopted children, parents, and/or siblings of the deceased). In most cases, an individual who was financially dependent (including life partners, putative spouses, etc.) on the deceased may also consider filing a claim.
Generally, a wrongful death claim is appropriate when (had the victim survived) the deceased would have been able to file a personal injury claim against the other party for his negligent or intentionally harmful act. The following situations would be appropriate reasons for filing a wrongful death claim:
- Car Accidents
- Death Resulting from Medical Malpractice
- Intentional Killing
- Negligence Leading to a Fatality
- Premises Liability
- Product Liability
- Workplace Accidents
(Survivors May File BOTH Worker’s Compensation and Wrongful Death Claims)
In the case of negligence, the plaintiff must prove that the defendant (the individual responsible for the death) must have owed the victim a duty of care that was breached. It must also be shown that this breach was the direct, proximate cause of death. Defendants can also include:
- Anyone Who Contributed to the Negligent Loss
- Government Agencies Responsible for Public Safety
- Installation Technicians & Builders
- Product Manufacturers, Designers, & Distributors
- The Owner(s) of the Property Where the Incident Occurred
Types of Damages: Mental Anguish, Loss of Benefits, Loss of Consortium, and Expenses
When dealing with a wrongful death, the initial and main focus is, understandably, largely on the loss of companionship and love of the deceased. You are entitled to a degree of financial compensation for this loss, which, despite not bringing your loved one backs, can buy you some time to grieve. The types of damages that can be claimed in a wrongful death claim include:
- A Survival Claim (a claim made for the deceased person’s pain and suffering prior to death)
- Compensation for Mental Anguish, Pain, and Suffering
- Funeral & Burial Expenses
- Loss of Benefits and Inheritance for Survivors
- Loss of Expected Lifetime Income for the Deceased
- Medical Costs of the Deceased
- The Loss of Care, Guidance, Advice, Nurturing, etc. from the Deceased
- The Loss of Consortium
- The Loss of Love & Companionship
- The Value of the Loss of Expected Goods and Services from the Deceased
You can read more about wrongful death claims at the website of the State Legislature of West Virginia in Chapter 55
(§55-7-5. Action for death by wrongful act).
Please note that statutes of limitations do apply to filing most legal claims, including those for wrongful death. We realize how difficult this time is for you. However, we do not want to see you become further victimized by waiving your right to seek the fair compensation that the law allows for your anguish and losses. The staff at our law office will handle your claim in a caring, professional manner and we will work as efficiently as possible to minimize you having to revisit the event as much as possible.
If your loved one has died as a result of negligence or a willful act, call Attorney David A. Sims for a free initial consultation.
We work to get you the full legal amount of compensation for your loss.
Call our law firm today: (304) 428-5291.