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Personal Injury | Nursing Home Abuse
We proudly represent clients throughout West Virginia

Wrongful Death

Helping families after the loss of a loved one

When a person dies due to the negligence or wrongdoing of another, surviving family members are emotionally devastated. They may face significant financial losses as well. The wrongful death attorneys at Mani Ellis & Layne, PLLC offer compassionate guidance through this terrible time. We help family members seek compensation for the death of their loved one to help them meet the challenges of their loss.

A wrongful death lawsuit in West Virginia is similar in many ways to a personal injury claim. If a victim could have brought a personal injury lawsuit if his or her injury had not resulted in death, the victim's estate has the right to bring a wrongful death claim. For many families, taking legal action can lead to a sense of closure about what happened to their loved one.

Understanding West Virginia's wrongful death laws

As in a personal injury lawsuit, a wrongful death claim requires a showing of fault. This fault can arise in many different ways. Examples include:

  • Car accidents - A death may be caused by a driver's speeding, reckless driving, drunk driving, distracted driving or other negligence.
  • Medical malpractice - Many medical errors carry tragic consequences. Misdiagnoses, surgical errors, and medication errors are examples. A death could be traced to a preventable infection while a patient was hospitalized.
  • Nursing home abuse or neglect - The elderly and disabled may be victims of physical and emotional abuse. Or, the nursing home may have failed to meet a basic standard of care. Neglect can lead to bedsores, falls, and other potentially fatal injuries.
  • Workplace accidents - Deadly hazards can be encountered in many different lines of work, including coal mining and construction work.
  • Defective products - Fatal accidents can be caused by faulty automotive parts such as brakes, tires, gas tanks or air bags and by flawed consumer products such as toys or tools. Despite federal regulations, defective medical devices and dangerous prescription drugs too often make it onto the market.

A wrongful death claim must be brought by a "personal representative" of the deceased victim's estate. This can be a surviving spouse, children, parents, brothers and sisters or any other person who was financially dependent on the victim at the time of death. Damages may include loss of income, loss of services and protection, medical expenses, funeral expenses and non-economic damages such as loss of companionship.

If you have lost a loved one due to negligence, we want to help you get through this challenging period of your life. Contact us for a free consultation with one of our attorneys. We'll go over your options and answer any questions that you have.

Location

Mani Ellis & Layne, PLLC
602 Virginia St E #200
Charleston, WV 25301
Phone: 304-720-1000