Who Is Eligible to Receive Payments?
If you have suffered the loss of a loved one in West Virginia as a result of someone’s negligence or actions, you may be eligible to receive financial compensation. A wrongful death civil suit may be filed whether or not a criminal case has also been filed. In contrast to any criminal charges against the person responsible for your loved one’s death, the purpose of a wrongful death lawsuit is to provide financial compensation directly to those individuals who are affected by the loss.
Family Members of the Deceased
The state of West Virginia specifies that certain individuals are eligible to receive payments as a result of a wrongful death claim:
Children of the Deceased (natural, adopted, and stepchildren)
Spouse of the Deceased
Parents of the Deceased
Siblings of the Deceased (natural, adopted, and stepchildren)
Financial Dependents and the Estate of the Deceased
In addition to family members, any individual who was financially dependent upon the deceased individual at the time of his or her death may also be eligible to file a claim for wrongful death payments. In cases where no family members or dependents survive the deceased individual, the estate of the deceased may be eligible to receive the proceeds of a wrongful death settlement via a court-appointed legal representative.
Statute of Limitations For Wrongful Death Claims
It is important to note that a statute of limitations applies to filing a wrongful death claim in West Virginia. Those with a valid claim typically must file within two years of the wrongful death date. In some situations, such as when critical information was discovered following the wrongful death, exceptions to the statute of limitations may be granted.
If you have suffered the loss of a loved one as a result of a motor vehicle accident, medical malpractice, nursing home negligence, or other actions or negligence committed by an at-fault party, contact Isner Law Office at: 304-636-7681. Our team offers skilled legal assistance and experience to seek the maximum compensation allowed by law.