Charleston Wrongful Death Lawyers
Compassionate Legal Representation for Grieving Families in Charleston, WV
The loss of a loved one is always a difficult experience. When that loved one dies due to the negligence or wrongdoing of another party, the pain and grief can be overwhelming. In these circumstances, you need a compassionate, capable wrongful death lawyer in Charleston who can guide you through the legal process and fight for the compensation you need to move forward. The Mike Slocumb Law Firm is here to help you seek justice and compensation for your tragic loss.
What is Wrongful Death?
A person is considered to have died "wrongfully" when they pass away as a result of the wrongful or illegal act of another person, entity, or company. Wrongful death is a legal term used to describe these tragedies and can only be applied when certain conditions are met.
In order to file a wrongful death claim, you will need to show that:
- Your loved one died due to another person's negligent or wrongful act or omission
- The death was immediately caused by this act or omission
- The death caused measurable damages to you and your family
If these conditions are met, you may be able to file a wrongful death claim against the responsible party. These claims can be used to recover financial compensation for the value of your loved one's life, funeral and burial expenses, loss of income, loss of companionship, pain and suffering, and more.
Who Can File a Wrongful Death Claim in West Virginia?
In West Virginia, the primary party authorized to file a wrongful death lawsuit is the personal representative or executor of the deceased person's estate. This individual is typically appointed through the deceased person's will or by the court. The personal representative acts on behalf of the deceased person's estate and any eligible beneficiaries.
The proceeds from a wrongful death lawsuit are typically distributed among the eligible beneficiaries of the deceased person's estate.
Eligible beneficiaries may include the following:
- Surviving spouse
- Surviving children
- Surviving parents
- Other dependents or family members who were financially dependent on the deceased person.
The personal representative represents the interests of these beneficiaries in the lawsuit. The statute of limitations for wrongful death cases in West Virginia is typically two years from the date of the deceased person's death.
The Legal Process
In a wrongful death case, the first step is to thoroughly investigate the circumstances surrounding the death. This may involve collecting evidence, interviewing witnesses, and consulting with experts to determine liability.
Filing a Lawsuit
Once we have gathered sufficient evidence, we will file a wrongful death lawsuit on your behalf. This legal action seeks to hold the responsible party accountable for their actions.
In many cases, a wrongful death lawsuit can lead to a settlement before going to trial. Our experienced attorneys will negotiate with the opposing party and their insurance company to secure a fair settlement that covers your losses.
If a fair settlement cannot be reached, we are prepared to take your case to trial. Our legal team has the courtroom experience necessary to effectively represent your interests in front of a judge and jury.
What Damages Can Be Recovered in a Wrongful Death Claim?
The damages you can recover in a wrongful death claim will depend on the specific circumstances of your case. In all cases, however, you will be able to recover compensation for financial losses and damages that resulted from your loved one's death.
Financial losses and damages you may be able to recover in a wrongful death claim include:
- Medical bills related to the accident
- Funeral and burial expenses
- Lost wages and income
- Loss of companionship
- Pain and suffering
- Property loss
The value of your case will depend on the value of your loved one's life and the extent of the financial damages you have suffered as a result of their death.
How We Can Help
At Mike Slocumb Law Firm, our wrongful death lawyers in Charleston are ready to fight for you and your family. Our team is prepared to do whatever it takes to hold the liable parties accountable, but we also understand that these cases can be emotionally difficult. That's why we offer compassionate and caring legal counsel to help you navigate the legal process and help you and your family
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Mr. Gracie handled my case, he was superb.
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