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Hill Peterson Carper Bee & Deitzler PLLC

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When should a family pursue a wrongful death claim?

The loss of a loved one can be devastating, and it can leave a West Virginia family with unexpected expenses and financial losses. If the death of a family member was the result of the reckless or negligent actions of another party, it is possible those left behind could have grounds to pursue compensation through a wrongful death claim. There are certain circumstances that could justify this course of action, allowing family to secure damages and move forward.

By itself, an unexpected fatality is not necessarily grounds for a civil claim. There are certain elements that make up a wrongful death claim, and the plaintiffs must prove the liable party is responsible for the actions or circumstances that led to a person’s death. Some of the factors that must be present for this type of claim include:

  • Proof of a death
  • Evidence the death was caused by the negligence or recklessness of another party
  • Proof of monetary suffering as a result of the death
  • Appointment of one person to act as representative of the estate

There are various different types of accidents that could lead to a wrongful death claim, such as motor vehicle accidents, medical malpractice, workplace hazards and more. It may also be possible to seek legal recourse if the death took place during a supervised activity, such as a guided tour.

Seeking compensation could be critical for the financial well-being of a grieving West Virginia family. Those considering this course of action may find it beneficial to seek the guidance and assistance of an experienced personal injury and wrongful death attorney. A legal ally can ensure a family does not leave any money on the table and has what they need to pick up the pieces after this tragic event.

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