Wrongful Death Lawyers Serving Charleston
Our goal is to help your family get justice
The loss of a loved one is painful under any circumstances. But it can be even harder to process when that loss came because someone else was negligent. You and your family may want to take action to hold the negligent party accountable. That’s when you need an experienced West Virginia wrongful death attorney.
At Mani Ellis & Layne, PLLC, we understand the devastating impact the loss of a loved one can have on family members. That’s why we want to help. You can expect us to take your case seriously right from the start and to handle your claim with compassion and determination. We will work to help you get the best possible outcome.
What is a wrongful death lawsuit?
In order for a death to be considered wrongful under the law, it must be shown that a person’s death was due to a “wrongful act, neglect, or default.” But the at-fault party in your loved one’s accident may deny doing anything wrong and refuse to accept responsibility for what happened.
In West Virginia, a personal representative (or executor) of a deceased person’s estate can file a wrongful death lawsuit within two years of the date of death. Surviving spouses, children, stepchildren, adopted children, parents, siblings and financially dependent family members may be eligible to receive compensation.
A wrongful death claim can help you recover compensation
It’s important to get legal advice as soon as possible. Evidence can be lost over time and witnesses may move or forget important details.
The other party may or may not have been charged with a criminal offense after the accident. But you can still seek financial compensation whether or not that person is convicted in court.
Our firm can investigate your loved one’s accident to get the facts. We carefully review all documentation, such as medical records and accident reports (if your loved one was lost in a fatal car accident). We identify witnesses and interview them about what they saw. If needed, we consult experts who can help us prove our case.
What types of damages are possible in a wrongful death suit? Generally, you can seek compensation for:
- Medical bills related to your loved one’s accident, illness, or injury
- Funeral and burial expenses
- Lost income, including the reasonable value of wages and benefits that would have been earned
- Loss of services, protection, care, and assistance
- Loss of society, companionship, and comfort
- Mental anguish and emotional distress.
You may not be sure whether you can take legal action. You may have questions about how to file a wrongful death lawsuit or who can sue on behalf of your loved one. That’s why it’s important to consult an experienced Charleston wrongful death lawyer. You can get answers to your questions and learn your legal options in a free consultation.
How long do you have to file a wrongful death lawsuit?
In West Virginia, the statute of limitations, or legal deadline, for filing a wrongful death lawsuit is typically two years from the date of the person’s death. This means that you have a limited window of time to initiate legal action. Failing to file a lawsuit within this time frame may result in the loss of your right to seek compensation.
What is the average settlement for a wrongful death lawsuit?
Each wrongful death lawsuit case is unique, with different circumstances, facts, and variables that influence the outcome and potential compensation. Wrongful death settlement amounts are not based on a predetermined formula but rather on careful consideration of several factors, including the damages incurred by the survivors and the degree of liability of the responsible party. For these reasons, there is no average settlement for a wrongful death lawsuit.
However, by investigating, gathering evidence and reviewing details involving injuries and fault, a wrongful death lawyer can estimate the amount of compensation you can realistically expect to recover.
Our firm is ready to help
We know that no amount of money can replace the loss of a loved one. But compensation from a wrongful death claim can give you and your family financial assistance as you process your loss and try to move forward. It is also a way to hold the negligent party in your loved one’s death accountable.
We understand that filing a lawsuit may be the last thing on your mind right now. Our lawyers can do all the work on the case for you, while you focus on spending time with family. We can gather evidence, talk to witnesses, and deal directly with the insurance company on your behalf. We will guide you through the process every step of the way and keep you informed of the progress of your case.
Learn more about how an experienced wrongful death attorney can help. Contact us today to schedule a free consultation. One of our attorneys can meet you at our Charleston office or any location that is convenient for you. You can learn about your legal options and get answers to your questions.
