Wrongful Death Lawyer
Serving West Virginia and Ohio
A fatality is classified as a wrongful death if it is caused by another’s misconduct or negligence. Besides an individual, a company or any legal entity may be found liable for a wrongful death.
A wrongful death claim is filed on behalf of the decedent’s immediate family (known as the distributees), most frequently the surviving spouses, the children, or the parents. The person who actually files the claim must be the personal representative of the decedent’s estate. That person can also file a claim for the decedent’s conscious pain and suffering and for costs incurred before death. Any compensation awarded to the estate will go to individuals according to the decedent’s will.
Frequent Wrongful Death Situations
- Medical malpractice leading to a death
- A transportation accident, such as an automobile accident or pedestrian accident
- Exposure at work to hazardous substances or conditions
A supervised activity such as in a school
A wrongful death lawsuit claims that the decedent was killed because of the defendant’s negligence or misconduct and that consequently, the immediate family members should be given monetary compensation.
Elements of a Successful Wrongful Death Suit
Besides the death of a human being, a successful claim involves:
- Negligence by another person
- Surviving family members
- A personal representative for the decedent’s estate
Please see our Wrongful Death FAQs for more information.
If you have lost a loved one in an accident or because of a severe injury that resulted from another’s carelessness or misconduct, you would be well advised to consult with a wrongful death attorney as soon as possible. Delay could cause you to miss the time limit imposed for filing a claim, and there could be other legal ramifications also.
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, Morgantown, Charleston, Huntington, and Wheeling, WV and Athens, Ohio.
304-865-8532 | 1-877-janjim1 (1-877-526-5461) | Contact Us
Jan Dils and Jim Leach Attorneys At Law, PLLC
Parkersburg, WV 26101
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Your understanding of the information on this web page about wrongful death law does not constitute a formal legal relationship with the wrongful death lawyer at Jan Dils & Jim Leach Attorneys at Law, PLLC. Please do not assume this content to be formal legal advise. If you would like to know if you have a valid wrongful death claim, please contact a West Virginia wrongful death lawyer today for a complimentary consultation. Serving the Charleston, Huntington, Morgantown, Parkersburg, and Wheeling, West Virginia and Athens and Belpre, Ohio.
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