If you recently endured the death of a loved one, you likely have many questions. You may want to know who is responsible for your loss. You may also wonder how the death will affect your future. Finally, you may want to know how to hold a responsible party liable for their actions. If you are a surviving family member of a decedent, you may be able to pursue compensation from at-fault parties needed to set things right. However, there are legal statutes that govern when a wrongful death lawsuit may be appropriate and which parties can file these claims.
A Moundsville wrongful death lawyer could help you obtain monetary damages following a death. Our experienced team of personal injury attorneys at Bordas & Bordas could evaluate how the death has affected your and your family’s lives and determine which parties are to blame for those losses.
Most personal injury claims seek compensation for the benefit of the person who suffered the injury. For example, a victim of a slip and fall may sue an owner of property because of a failure to keep them safe. However, wrongful death claims are different. While the decedent has certainly suffered substantial losses because of the incident, the sole purpose of the claim is to bring monetary compensation and comfort to that victim’s family.
A wrongful death claim can demand compensation for a variety of losses connected to the death. Specifically, West Virginia Code § 55-7-6 states that a wrongful death claim allows you to demand payments for:
The sole purpose of a wrongful death claim is to bring comfort to surviving family members. In addition, juries hearing these cases are free to award any amount of compensation that they feel is appropriate to family members. A knowledgeable Moundsville attorney could explain the potential sources of compensation under the state’s wrongful death statute in more detail during your free consultation.
While family members certainly have many avenues to demand compensation, not every death qualifies as “wrongful” under the law. The passing of a person as the result of a wrongful act, neglect, or default that would have allowed the injured party to pursue a personal injury claim may serve as the basis for a wrongful death claim. In simpler terms, incidents such as car accidents, slips and falls, defective products, or medical malpractice can provide an impetus for a wrongful death claim if the victim passes away.
However, not just any person can file a complaint in court demanding compensation. As stated above, the sole goal of the claim is to bring compensation to surviving family members. Yet these people do not have standing to bring a complaint to court. Under the same statute cited above, only the personal representative of the decedent’s estate can file a wrongful death lawsuit. A personal representative may receive a nomination through a will. In other cases, a probate court may assign a party to serve this role.
These representatives must be sure to act quickly. West Virginia state law says that plaintiffs in most wrongful death cases have only two years from the date of death to file a complaint in court. A seasoned wrongful death lawyer in Moundsville could help personal representatives understand their roles in these cases and pursue compensation within the relevant time limits.
At Bordas & Bordas, our team has a proven track record of positive results in cases seeking financial recovery following the untimely death of a loved one. In Karpacs v. Murthy, our skilled attorneys played a pivotal role in holding a negligent medical professional accountable for their actions that led to the wrongful death of Elizabeth Karpacs. The jury found Dr. Anandhi Murthy guilty of medical negligence and held her liable for the family’s damages.
Few events in a family’s history are as traumatic and disruptive as a wrongful death. Whether this death is the result of a traffic accident, a defective product, medical malpractice, or an act of violence, surviving family members have the right to demand compensation from at-fault parties. This can include payments for outstanding bills, lost companionship, and lost income.
A Moundsville wrongful death lawyer at Bordas & Bordas could take the lead in these claims. Our diligent team of legal professionals could work with you to evaluate the liability of defendants, measure the impact of the death on your family, and demand proper compensation in settlement talks and while in court. There is a limited time to file a claim, and plaintiffs who wait too long may see their chances fade away. Contact us today to schedule a free appointment with one of our compassionate attorneys.
