Wrongful death lawsuits are a specific type of personal injury case arising from the untimely death of an accident victim due to another person or entity’s negligence. At Bailey Glasser, we know that wrongful death cases involve a level of emotion that isn’t usually present, and we understand that grieving families need empathy and support.
But in addition to support, we’re also committed to seeking justice for grieving families. If your family has lost a loved one due to another person’s wrongdoing, get in touch with Bailey Glasser as soon as possible. You may be eligible to seek compensation on your family’s behalf through a wrongful death lawsuit.
Wrongful Death Lawsuits
Wrongful death lawsuits are designed to compensate a grieving family for the loss of a loved one due to another person or entity’s negligence or wrongdoing. These cases can be filed after a death caused by general negligence, including medical malpractice, and in some cases, intentional acts, including crimes.
West Virginia law requires that a wrongful death lawsuit is filed by the executor (also called a personal representative) of a deceased victim’s estate. If compensation is obtained, the money may only be received by surviving family members, including a spouse, children, parents, and siblings.
Damages in Wrongful Death Cases
Like any personal injury lawsuit, the aim of a wrongful death suit is to fully compensate the injured party for the losses they’ve suffered – but the damages claimed in a wrongful death case must be specific to the grieving family, and not to the deceased accident victim. The specific damages, in any case, will vary, but some of the most common types of damages requested in wrongful death cases include:
- Burial and funeral expenses
- Residual medical debts
- Pain and suffering due to grief
- Lost income or earning potential for family members
- Loss of companionship, assistance, or care
Time for Filing a Wrongful Death Claim
Unfortunately, West Virginia law does not provide wrongful death claimants with an unlimited amount of time to file a lawsuit. The law sets a two-year deadline on most wrongful death claims beginning on the date of death, but for claims stemming from nursing home malpractice, the deadline is one year. For that reason, it is imperative that you consult an attorney as soon as possible after a loved one passes away – even though understandably, taking care of your family should be at the top of your mind.
Contact Bailey Glasser
Our team of nationwide personal injury attorneys at Bailey Glasser has the experience and knowledge to effectively represent your family’s interests while you grieve the loss of a loved one. Our goal in wrongful death cases is to ensure a smooth process that allows family members to put first things first and be with their families while a lawsuit proceeds.
In addition to specializing in wrongful death cases, Bailey Glasser also offers a wide array of other legal services. We have a team of experienced attorneys ready to assist you in cases involving personal injury, car accidents, and medical malpractice. No matter what your legal need may be, our dedicated and professional team is committed to fighting for your rights and helping you seek the justice you deserve.
We offer free, no-risk consultations to prospective wrongful death clients in West Virginia. If your family believes you may have a wrongful death claim, contact us today to set up an appointment with a member of our team.