Wrongful Death Attorney in Wheeling, WV
There are only two certain things in this world: death and taxes. No matter how “certain” we are about the looming presence of death, it still presses heavily on us when death is on wrongful terms. Wrongful death occurs due to the negligence of another, such as in an accident or at work. Coming into terms with a loved one’s loss is difficult, so you need a wrongful death lawyer from West Virginia to help you navigate wrongful death law.
Wrongful death cases result from negligence or intentional acts. Naturally, if you have a loved one who has died due to unfortunate circumstances such as workplace injury, you would want to be compensated for losses and damages. This is where an attorney comes in. Skilled and compassionate attorneys will guide you through the legal process of wrongful death claims to ensure you get compensated.
Skilled Wheeling, WV Wrongful Death Attorney
If you are from Wheeling, WV, and are going through emotional and financial distress due to a loved one’s wrongful death, you don’t have to worry anymore. A skilled Wheeling attorney from Thomas McIntire & Associates, L.C. can help you get compensated for your loss. An attorney can offer legal advice and ensure wrongdoers are held accountable for their negligence.
Get in touch with a wrongful death lawyer from one of West Virginia’s most reputable law firms, Thomas McIntire & Associates, L.C.
Our lawyers offer skilled, aggressive, but compassionate legal services that ensure you come out on top after your loved one’s catastrophic injury. Schedule an appointment with a wrongful death lawyer from West Virginia right now!
Why do I need a Wrongful Death Lawyer in West Virginia?
If you’ve ever lost a loved one due to wrongful death, you would understand the financial losses and damage you’d suffer due to medical bills, funeral services, and missed wages. Thinking about hiring a lawyer for this case sounds like an additional cost, and you might be tempted to skip it altogether. However, having a lawyer by your side might be the best decision you’ll make in your situation. After all, you deserve emotional and financial compensation after what you’ve been through.
Hire a Wheeling, WV, wrongful death lawyer to handle your wrongful death case. A lawyer can review the incidents through the evidence and determine the at-fault party, offering aggressive representation while maintaining a compassionate side towards your situation. A Wheeling, WV lawyer can provide personalized solutions to your problems.
Entrust your case to a Wheeling, WV wrongful death lawyer from Thomas McIntire & Associates, L.C. With over 30 years of legal experience, the attorney is skilled in providing quality representation taking into account your personal experiences and situation. The firm’s attorney is prepared to win for you. Make an appointment with a wrongful death lawyer from West Virginia right now!
What is Wrongful Death?
Wrongful death occurs in moments of negligence or intentional acts that result in one’s death. The legal term pertains to a remedy for the decedent’s survivors. Each state has its version and conditions of what consists of a wrongful death case, along with who has the right to file a suit and what compensations they can claim.
In the event someone dies due to another person’s negligence or an entity such as a vehicle, survivors are entitled to file a wrongful death lawsuit seeking damages or compensation for their loss. Examples of these include wages and funeral expenses. Read below to learn more about wrongful death and how a wrongful death lawyer from West Virginia can help.
Who Can Sue for Wrongful Death Claims?
Wrongful death claims happen when an individual dies due to the negligence of another individual or an entity. Suing for wrongful death is in its infancy, as this wasn’t permissible under common law. More recent years allowed individuals to sue and get compensated for wrongful death.
Wrongful death is an umbrella term that encompasses accidents, product liability, and medical malpractice. Wrongful death claims must be filed by a representative of the survivors whose quality of living has significantly declined due to loss. This representative is the executor of the estate. Those who may sue include the following:
- Immediate Family Members (spouses, children, etc.)
- Life partners, Dependents, and Putative Spouses
- Distant Family Members
- Parents of a Deceased Fetus (some states allow a wrongful death suit for a deceased fetus)
Are Some People Immune from Wrongful Death Suits?
There are instances wherein some individuals or agencies are immune from wrongful death lawsuits, meaning you cannot sue them for it. State laws differ in indicating who is exempted from wrongful death suits, but in typical situations, government agencies and employees are the ones who have immunity from this.
More updated federal laws exempt railroad collision defendants and some medical device-involved cases from wrongful death claims. The U.S. Supreme Court ruled that makers of generic drugs cannot be held accountable based on “unreasonably dangerous” allegations since there is an FDA approval on the drug.
What Damages Can I Claim in a West Virginia Wrongful Death Case?
Should the wrongful death lawsuit be successful, the court will order the defendant to pay damages to the deceased’s survivors. West Virginia law orders the following damages to be paid:
- Mental Anguish
- Loss of Companionship
- Lost Income
- Loss of Services
- Medical Bills
- Funeral and Burial Expenses
What is West Virginia’s Policy Regarding Wrongful Death?
In a West Virginia setting where there is wrongful death, the survivors and representatives are permitted to file a wrongful death claim to seek damages. If the person survives, a personal injury lawsuit is encouraged to be filed by the survivor. The basis for a wrongful death lawsuit in West Virginia includes:
- Negligence-based incidents
- Medical Malpractice
- Intentional Acts
What is Comparative Fault and Wrongful Death?
In West Virginia law, a modified comparative fault rule exists to resolve cases wherein an injured person is partially liable for the injury. This personal injury law also applies in wrongful death, wherein the deceased somewhat had a hand in the circumstances that led to their demise. The comparative fault rule states that the estate can be eligible for compensation if the other party has more of a fault in the case. If the fault of the deceased is more than 50%, they cannot recover damages.
Call our Wrongful Death Attorney in Wheeling, WV, Now!
Wrongful death is a particularly trying, traumatic, and emotional time for the survivors. No amount of compensation could ever bring back their loved ones, and their loss has left a huge gaping hole in their lives. This is why it is essential to get in touch with a wrongful death lawyer from Wheeling, WV, when faced with a wrongful death case.
A wrongful death lawyer from Thomas McIntire & Associates can review your case, take it to court, and ensure that you get compensated for damages. Schedule an appointment with a wrongful death lawyer from West Virginia right now.