Bailey Legal Services Helps with Filing Wrongful Death Lawsuits
For quality assistance with filing a wrongful death lawsuit, rely on Bailey Legal Services in Barboursville, WV. Seeing someone you love pass away is never easy. When someone caused that death, that opens up legal trouble. Make sure you retain the services of a quality lawyer when filing your wrongful death lawsuit.
What is Wrongful Death Under West Virginia Law?
The state of West Virginia defines wrongful death as any wrongful act, neglect, or default. You must be in a situation where if the deceased lived, they could’ve filed a suit themselves. The most common areas affected are:
- Negligence Based (for example, car accidents)
- Medical Malpractice
- Intentional Action
Who is Eligible to File a Wrongful Death Lawsuit in West Virginia?
While other states allow for anyone to file one, West Virginia law only allows for the executor of the estate. That doesn’t impact anyone’s eligibility for compensation, though. Any of the following people can receive payment:
- The Deceased’s Spouse
- Their Children, Stepchildren, and Adopted Children
- The Deceased’s Parents and Siblings
- Anyone Who Was Financially Dependent on the Deceased Person
You Can File a Wrongful Death Lawsuit for a Variety of Damages
Defendants must pay damages to you for a variety of causes under West Virginia’s wrongful death law. The following is a list of some of the possible actions:
- Sorrow, Mental Anguish, and Solace
- Loss of Society, Companionship, Comfort, Guidance, Kindly Offices, and Advice
- Lost Income, Including the Reasonable Value, Value of Wages, and Benefits Deceased Deserves
- Loss of Deceased Services, Protection, Care, and Assistance
- Medical Bills for Their Last Healthcare Needs
- Funeral and Burial Expenses
You have up to two years to file a wrongful death lawsuit in West Virginia. This is due to the state’s statute of limitations for these instances. Make sure that you consult with a lawyer quickly before filing the lawsuit. For more information on these damages, visit Nolo.
If you need help filing a wrongful death lawsuit, give Bailey Legal Services, PLLC, a call at (304) 736-0801. Follow us on Facebook for more information on your legal rights. We are ready to offer quality assistance in filing a wrongful death lawsuit.
