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Wrongful Death Claims in West Virginia

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Charleston, WV — When a parent, spouse, child, or sibling has been killed in an accident, the loss is sudden and devastating. In addition to pain, grief, and emotional loss, family members must also deal with facing life, both emotionally and financially, without their loved one.  An experienced personal injury lawyer can help family members make sense of the legal and financial aspects of their loss.  Below is a brief discussion of wrongful death claims in West Virginia including who may be entitled to compensation and for what losses.  At the bottom of this article are links that may help some deal with the emotional challenges losing a loved one presents.

Wrongful Death Claims – Who Is Entitled to Money Damages?

Whenever the death of a person is caused by the wrongful act, neglect, or default of another, then a personal representative of the person who died can bring an action for wrongful death.  In West Virginia, a jury may award money damages to the decedent’s surviving spouse, children — including adopted children and stepchildren, brothers, sisters, parents, and any other persons who were financially dependent upon the decedent at the time of his or her death.   If you’re unsure whether you are entitled to compensation under West Virginia law, Contact West Law Firm for a free consultation with a West Virginia personal injury lawyer or another experienced personal injury attorney to discuss your potential wrongful death claim.

Wrongful Death Compensation

In a West Virginia wrongful death case, compensation may be awarded for the following: (1) Sorrow, mental anguish, and solace (which may include society, companionship, comfort, guidance, kindly offices and advice of the decedent); (2) compensation for the reasonably expected loss of income of the decedent and for the loss of services, protection, care and assistance provided by the decedent; (3) expenses for the care, treatment and hospitalization of the decedent; and (4) reasonable funeral expenses. W. Va. Code § 55-7-6.

Below is a list of supportive resources that I hope is helpful to those who have recently lost a loved one.

Support for coping with the death of a spouse.

How Social Security Can Help if a Family Member Dies.

Grief Support, Huntington, West Virginia.


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