If you have lost somebody that you love as a result of the careless, negligent, or intentional actions of another individual, you need to take steps immediately to secure a skilled Charleston, West Virginia wrongful death lawyer today. At Tiano O’Dell, our dedicated personal injury attorneys have experience handling complex wrongful death claims throughout West Virginia, and we know what it takes to ensure that families receive the compensation and closure they are entitled to.
What is a Wrongful Death Claim in Charleston, WV?
Wrongful death claims arise when a person loses their life as a result of another’s negligence. This can include the negligence of another individual, business, or other entity. If the careless, negligent, or intentional actions of another lead to death, then the at-fault party may be held liable for the damages that result.
Types of Wrongful Death Claims we Handle at Tiano O’Dell
The Charleston, West Virginia injury attorneys at Tiano O’Dell have experience handling wrongful death claims that arise in various ways. This includes the following:
- Car accidents
- Pedestrian accidents
- Bicycle accidents
- Bus accidents
- Motorcycle accidents
- Truck accidents
- Drunk driving accidents
- Boating accidents
- Medical malpractice claims
- Nursing home negligence
- Workplace or industrial accidents
- Defective products
- Premises liability claims
- Construction accidents
Who can file a Charleston, WV Wrongful Death claim?
According to West Virginia Code section 55-7-6, the personal representative of the deceased’s estate the file a wrongful death claim in court. Often, the personal representative is a family member of the deceased. If damages are awarded in the case, various surviving family members may be eligible to receive payments. Under West Virginia law, the following family members may receive compensation through a wrongful death claim:
- The surviving spouse of the deceased
- The deceased’s children, including stepchildren and adopted children
- The parents of the deceased
- The deceased’s siblings, including stepsiblings and adopted siblings
- Any other person was financially dependent upon the deceased at the time of death
Is There a Time Limit for Filing a Charleston Wrongful Death Claim?
In general, the personal representative of the deceased person has a two-year window with which to file a wrongful death claim against the alleged negligent party. However, there are various exceptions to this rule, such as situations where vital information about the wrongful death was not discovered until after the death occurred. Please work with a Charleston wrongful death attorney when making decisions about filing these claims.
Can There be a Criminal Case as Well?
Yes, it is entirely possible that there could be a criminal case surrounding the death as well. We do want to point out that criminal charges against the person allegedly responsible for the death are not the same thing as a civil wrongful death lawsuit. These are two separate legal actions in two different courts. Family members should get started on their wrongful death claim as soon as possible, regardless of whether or not a criminal charge has been filed against the person allegedly responsible.
Call a Charleston, WV Wrongful Death Attorney Today
If you have lost somebody you love as a result of the careless, negligent, or intentional actions of another person, please seek assistance from the attorneys at Tiano O’Dell today. Our compassionate and experienced team has the resources necessary to conduct a complete investigation into the case and help your family receive the closure and compensation you are entitled to. If you need a Charleston, West Virginia wrongful death attorney, you can contact us for a free consultation online or by calling (304) 720-6700.