Wrongful Death Attorney
Serving West Virginia and Ohio
Frequently Asked Questions
What is the difference between civil and criminal cases brought regarding someone's death?
A criminal case occurs when the government seeks to punish someone for an act that is classified as a crime. A civil case has to do with the rights and duties that individuals and organizations legally owe each other. The burden of proof is much higher in a criminal case, and the penalty can be imprisonment. In a civil case, the defendant, if he loses, will have a monetary judgment entered against him. You can be found not guilty criminally but be found liable for wrongful death civilly in the same death.
Are the laws of every state the same regarding wrongful death?
No, the laws vary from state to state. An experienced wrongful death attorney licensed in your state can assist you in understanding the law and your rights regarding the law.
Can I sue for wrongful death in the death of a child or some other person who was not gainfully employed? What about a stay-at-home mom?
Yes. Even if the decedent never held a job or contributed to the family financially, there are other ways he/she may have contributed. A parent/spouse who worked at home contributes service, guidance and nurturing. Non-monetary contributions are quantifiable as "pecuniary losses" in a wrongful death action. The damages awarded for the deaths of children and the elderly are usually modest.
Does it really matter what type of attorney I hire for my wrongful death case?
Yes, it does matter. Wrongful death law, just like insurance law or personal injury law, is a very specific area of the law and requires the expertise of an attorney who is familiar with the wrongful death laws in your state. You wouldn't go to a dermatologist for a heart condition, so you shouldn't go to a corporate lawyer for your wrongful death case.
May I file a wrongful death action on behalf of my nephew's death?
Again, the laws vary from state to state, and it's crucial that you find an experienced wrongful death attorney in your state to advise you correctly. However, in most cases spouses, children and parents (often called the distributes) are usually the ones who bring wrongful death action. There have been cases where other family members such as grandparents, stepparents and dependents have brought wrongful death action.
For what would I receive damages if I won my wrongful death action?
You may receive compensation for any of the following:
- Medical and funeral costs
- Lost benefits
- Lost wages (and future earnings)
- Lost inheritance
- Pain and suffering
- Loss of companionship
- Mental anguish
- Punitive damages (when malicious intent exists)
My husband bled to death during surgery because the surgeon accidentally nicked an artery. I signed a consent form before surgery, does that mean I can't sue?
You can sue. The form you signed merely granted consent for the surgery to be performed. It did not make the surgeon exempt from paying for fatal mistakes such as cutting your husband's artery, which led to him bleeding to death.
If you have lost a loved one and would like to consult an experienced wrongful death attorney in Ohio or West Virginia, please contact Jim Leach, serving clients throughout Ohio and West Virginia.
Our wrongful death attorneys represent injured victims throughout West Virginia and Southern Ohio including the communities of Belpre, Marietta, Parkersburg, Wheeling, Athens, Jackson, Vienna, Morgantown, Charleston, Huntington, Ravenswood and Ripley.
1.866.janjim1