Wrongful Death Lawyer

Serving West Virginia and Ohio

A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company, or entity. A wrongful death action belongs to the decedent's immediate family members (called distributees), and the most common distributees are surviving spouses and children and the parents of the decedent. A suit for wrongful death may only be brought by the personal representative of the decedent's estate. Actions for personal injury, conscious pain and suffering, or expenses incurred prior to the decedent's death are also brought by the personal representative. The damages awarded to the estate may pass to different parties as directed by the decedent's will.

In order to bring a successful wrongful death cause of action, the following elements must be present:

• The death of a human being
• Caused by another's negligence
• The survival of family members who are suffering monetary injury as a result of the death
• The appointment of a personal representative for the decedent's estate

A wrongful death claim may arise out of a number of circumstances, such as in the following situations:

• Medical malpractice that results in decedent's death
• Automobile, plane, or some other mode of transportation accident
• Occupational exposure to hazardous conditions or substances
• Death during a supervised activity

An action for wrongful death alleges that the decedent was killed as a result of the negligence (or other liability) on the defendant's part, and that the decedent's immediate family members are entitled to monetary damages as a result of the defendant's conduct.

Wrongful Death FAQs

If a loved one has died after an accident or serious injury caused by the negligence or misconduct of another individual, company or entity, you should retain a wrongful death attorney right away. There are time limitations in filing your wrongful death lawsuit as well as other legal implications.

If you live in West Virginia or Ohio and are in need of an experienced wrongful death lawyer, please contact Jim Leach, serving clients in Wheeling, Belpre, Parkersburg, Vienna, Morgantown, Charleston, Huntington, and Wheeling, WV and Athens and Marietta, Ohio.