Perhaps because driving is one of the most common activities that Americans engage in daily, it is easy to forget just how dangerous it can be. Regardless of the type of vehicle that you drive, you regularly operate a hunk of metal and glass so massive that it weighs thousands of pounds and can reach high levels of speed. It is, unfortunately, easy to take for granted that something so commonplace can cause severe injuries or death.
When a driver’s actions or inactions result in someone’s death, this tragic turn of events often leaves family, friends, and loved ones to pick up the pieces. Not only have they lost a loved one, but they have also lost much more, usually the support and care they have relied upon from the individual whose life was lost.
When a driver’s actions or inactions cause someone’s death, it is essential that the driver is held accountable for those losses for the benefit of those who have been left behind. While a lawsuit cannot bring back those who have been taken due to the negligent or reckless driver’s conduct, filing a wrongful death can allow surviving loved ones to receive compensation and support and possibly help them to find closure. The wrongful death claims process is consequential enough that it is worthy of consideration if you’ve recently lost a loved one in an accident due to another party’s actions or inactions.
West Virginia Wrongful Death Representation You Can Trust
In the immediate wake of losing a loved one, it is challenging to think about anything more than the pain of what you have lost. Yet, it remains important to speak with an attorney as soon as possible. When the negligent, reckless, or intentionally dangerous actions of another driver cause someone’s death, it is crucial that they be held accountable for the benefit of those they have harmed.
There is no bringing back those who have been lost, but by filing a wrongful death suit, you can better ensure that your loved ones aren’t asked to pay a financial price in addition to the loss of your loved one. To ensure that your wrongful death suit is appropriately handled, it is vital that you hire an experienced wrongful death attorney. Wrongful death lawsuits are notoriously complex, and it is, therefore, essential that each component of your case is properly managed to better ensure that you receive the compensation and closure you deserve.
The wrongful death attorneys at Salango Law have extensive wrongful death litigation experience. They are ready to aggressively advocate for your rights and the memory of your lost loved one. Our Charleston injury attorneys will approach your case with the respect, consideration, and focus it requires. To schedule a confidential, risk-free consultation at no cost, call (681) 201-4715 or visit our website today.
West Virginia Car Accident Statistics
Every year, auto accidents are one of the most significant causes of death in the United States. While not all of the causes of these accidents are related to negligence or misconduct, a great many are. When such negligence or misconduct results in someone’s death, those responsible may justifiably be sued for wrongful death. Contact our Charleston car accident lawyers if your loved one is a victim of this.
Negligence And Wrongful Death
In West Virginia, a personal representative of the deceased’s estate must file a claim against the driver who is at fault to establish a wrongful death claim. With the help of a personal injury attorney, the personal representative must prove that the other driver’s actions were negligent, reckless, or intentionally dangerous and caused the death in question. In the law related to a wrongful death case, negligence means that the driver did not act as a reasonably careful person would in the same or similar circumstances. Because they did not, they caused another person’s death.
During a wrongful death case, an attorney will present evidence that shows what the other driver did or did not do to cause the victim’s death. Supporting evidence can be evidence taken from the scene, police officers, or even direct testimony from the driver themselves. Using this information, an attorney attempts to establish that because of what the named defendant did or did not do, they caused the victim’s death. If the judge or jury agrees that the driver’s negligent, reckless, or intentionally dangerous conduct caused the victim’s death, they will determine what compensation the victim’s surviving loved ones will receive as a result of their loss.
Wrongful Death Damages
In legal jargon, the “damages” are the economic costs of the wrongful death. There are a few different kinds of damages that you may receive as a result of your loss: Noneconomic, economic, and punitive. Noneconomic damages serve as compensation for subjective losses resulting from the death of a loved one. You may receive noneconomic damages including but not limited to compensation for:
- Loss of companionship
- Mental anguish
- Loss of support or care
Economic damages are those which can be proven by a financial loss. Common economic damages include:
- Compensation for funeral expenses
- Compensation for the loss of income from the deceased
- Compensation for medical care or treatment necessitated by the accident that caused your loved one’s death
Punitive damages are damages granted by the court to punish particularly outrageous behavior or prevent the defendant or others from engaging in the same or similar conduct. Punitive damages are possible in a wrongful death case, but they are not awarded very often.
Hiring A West Virginia Wrongful Death Attorney
Wrongful death lawsuits are complicated. As a result, experience and know-how are required to handle them properly. When there is so much at stake, it is vital that you hire an experienced Charleston wrongful death attorney to represent you so that you can ensure that your rights and interests are respected and that you receive all compensation that you’re rightfully owed. The wrongful death attorneys at Salango Law understand what is at stake and are ready to represent your family’s interests. Call (304) 342-0512 or visit our website today to schedule a free, no-risk, confidential initial case evaluation to discuss your options and our approach to representation. We look forward to speaking with you.