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Damages Collectible in a Wrongful Death Claim

Posted by attorney Timothy Miley

A wrongful death lawyer in Clarksburg knows losing a loved one is hard, regardless of the circumstances. However, when a family member’s unexpected death could have been prevented, the psychological, emotional and financial repercussions on survivors can be staggering.

The decision to file a wrongful death claim against a West Virginia individual, business or workplace may help provided much-needed closure while easing the financial burden on surviving family members. A wrongful death lawyer can help Clarksburg families assess what damages they may be able to seek given their specific situations.

Damages that Can Be Collected in a West Virginia Wrongful Death Claim

Some of the most common damages collectible in a wrongful death action include:

· funeral expenses;

· medical expenses (from the time of injury until death);

· loss of earnings (may require projecting potential future earnings);

· loss of service and support (child care, cleaning, cooking, etc.); and

· loss of relationship (showing the emotional and psychological impact the loss has had on family members).

It’s important to remember that before damages can be awarded in a wrongful death claim, the defendant must be found at fault through a preponderance of evidence. Because it’s not simply enough to point the finger at who you may think is responsible, having a wrongful death lawyer in Clarksburg to build your case is crucial.

Variables that Can Impact the Value of Damages in a Wrongful Death Claim

Age and life circumstances of the deceased can make a huge difference in the value of a wrongful death claim. For instance, if the deceased is a married father of three, his family’s potential needs and damages may be higher than if the deceased is a single college graduate with no children or dependents.

In addition, the type of accident and insurance policies involved can have a huge impact on the damages that can be sought in a West Virginia wrongful death claim. The sources from which you seek compensation -- uninsured motorist insurance, personal assets, business insurance and more -- can vary widely.

For example, if the wrongful death occurred because of negligence on the part of the deceased’s employer, there may be a lot more compensation to recover than if a negligent, uninsured driver with limited personal assets caused a fatal collision.

Discuss the Specifics of Wrongful Death with a Lawyer in Clarksburg

What comes next when a loved one unexpectedly dies, and negligence is involved? The executor of the deceased’s estate (also called a personal representative) can file a claim. Meeting with a wrongful death lawyer in Clarksburg is the first step of putting the claim in motion.

Depending on the circumstances, damages may be awarded to: spouses, children, grandchildren, siblings or any other relatives who were dependent on the deceased.

When you’re unsure about how West Virginia personal injury law may impact your wrongful death claim, you don’t have to be left in the dark. The Miley Legal Group is here to answer your questions and help level the playing field between victims and insurance companies. Setting up a consultation is only a phone call away: 1-304-931-4088.

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