If you lost a loved one in an accident, you are not only dealing with significant emotional trauma, but you are also likely dealing with financial losses and other hardships as well. An unexpected death never affects just one area of life, but it can impact various areas in multiple ways.
When another person or party causes a fatality through negligent or harmful actions, the surviving loved ones may have a rightful claim to financial compensation. A wrongful death civil claim cannot reverse what happened, but it can help your West Virginia family recoup financial losses and begin to move forward after a tragedy.
Should my family file a claim?
During a time of grief, it can be difficult to even think about taking legal action. You may be unsure of your legal options or unaware of all of the circumstances of the death of your loved one, but you may consider filing a claim if your loved passed as a result of complications related to any of the following:
- Motor vehicle accident
- Aviation or boat accident
- Public transportation accident
- Medical malpractice
- Criminal wrongdoing
- Accident during a supervised activity
- Occupational hazard or toxic exposure in the workplace
You may find it helpful to remember that you always have the right to know your options and to seek appropriate legal help if necessary.
The elements of a successful wrongful death claim
Not every fatality is grounds for a civil claim. There must be certain factors present if you wish to obtain compensation. Every successful wrongful death claim must contain the following elements:
- A fatality
- Selection of one person to act as representative of the estate
- Evidence that family is suffering financially due to the death
- Proof death was result of negligence or wrongdoing
The types and amount of damages that you could receive depend on the nature of your individual situation and the extent of the financial harm brought about by the unexpected passing of a loved one.
Fighting for your family's future
You may feel overwhelmed by your current circumstances, but you do not have to walk through this aftermath alone. With the help of an experienced personal injury attorney, you can seek the compensation you need to cover losses such as funeral costs, medical bills and lost income.
The first step toward securing a strong future for your family can begin with a case evaluation. This can help you understand your legal options and take the course of action most appropriate for your individual and unique circumstances.