A wrongful death claim is one typically brought against individuals, business, or a workplace, when a death of an individual is caused by a devastating event, accident, product failure, or medical malpractice.? When a loved one is lost due to the negligence of another, this loss not only causes extreme emotional anguish, but can also cause devastating financial hardships on the surviving family.? A successful wrongful death claim can lessen the financial burden of the surviving family members.
In West Virginia, claimants have two years to file a wrongful death claim after the untimely death of the individual.? While this may seem like a long time, delays in representation allow crucial evidence to be destroyed, potentially effecting your claim.
A wrongful death claim may be filed by the decedant?s estate, parents surviving spouse, and adult and/or minor children of the deceased parent.
Once filed, several types of damages are recoverable in a wrongful death claim including medical and funeral expenses, lost future earnings, and loss of consortium (relationship loss).? Often times, insurance benefits are available to compensate victims of wrongful death claims.? These benefits may include business insurance, umbrella insurance policies, funeral benefits, personal insurance coverage, motor vehicle insurance of the at-fault party, and personal and business assets of the at-fault party.
Factors that could effect a wrongful death claim that should be considered when thinking about bringing a wrongful death claim include the facts of the incident which caused the death; the amount of pain, fear, and suffering preceding the death; the number of potential beneficiaries and the aged of the deceased; the personal charater and reputation of the deceased; and the identity of the party who caused the death.
If a loved one has been killed because of the negligence of another, the attorneys at the Manchin Injury Law Group have the experience and know-how to handle these complicated and important claims.? For more information or to schedule a free consultation, call the attorneys at the Manchin Injury Law Group at 304-367-1862.
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When you've been injured in some type of motor vehicle accident, hurt on the job or disabled because of a major illness ? it is easy to feel overwhelmed and all alone in your fight to set things right. Most people don?t know where to start, who to talk to or what to say. Most people can?t get the insurance company to listen. And when you've lost a family member because of another's negligence, it becomes even easier to lose hope. There is no easy quick guide to show you how to find all the parties responsible for your injuries or how to coordinate and get the most benefits you need out of their insurance companies and sometimes even your own. At Manchin Injury Law Group, our experience with car accidents, motorcycle accidents, truck accidents, with other types of personal injury and wrongful death cases, and with social security disability claims will give you the voice you need to secure compensation and rebuild your life.Source: http://wvinjurylawblog.com/2012/07/13/understanding-a-wrongful-death-claim-in-west-virginia/
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