Logan Wrongful Death Lawyer

When another person’s actions cause a loved one to lose his or her life, that person should be held accountable. As a grieving family member, you may not know where to start or may be just now coming to terms with the sheer impact of this loss on your daily life. This event can mean more than just heartbreak; it can also have devastating financial repercussions.

A Logan wrongful death lawyer can handle your claim, holding the responsible party accountable for their actions and recovering the compensation you are owed. Learn more about how to pursue a Personal Injury claim when you schedule your case evaluation with Jan Dils, Attorneys at Law.

How to Pursue a Wrongful Death Claim

A wrongful death lawsuit is filed by the personal representative of the deceased’s estate. It is the job then of the personal representative to act in the interest of the estate and the surviving family members. While the family members are not the named plaintiffs in the lawsuit, they will be the ones who receive compensation if the claim is successful. Beneficiaries can include the surviving spouse, children, adopted children, step-children, parents, siblings, and other dependent family members.

What Compensation Is Available?

Loved ones may recover economic and non-economic damages in a wrongful death claim. Economic damages refer to the financial losses resulting from the loved one’s death, while non-economic damages refer to intangible losses. Wrongful death compensation can include:

• Funeral and burial expenses
• Loss of income and benefits
• Medical expenses incurred before death
• Emotional pain, grief, and anguish
• Loss of companionship
• Loss of household contributions

In some cases, punitive damages may also be available if the defendant was grossly negligent or his or her actions were intentional.

Are There Limits on the Amounts of Damages Available?

While there is generally no limit or cap on the amount of damages available in a Logan wrongful death case, there are limits in specific situations. If the case involves medical malpractice, non-economic damages are capped at $500,000. Additionally, punitive damages are capped at either four times the amount of economic damages or $500,000, whichever is higher, though there may be exceptions.

Ultimately, the amount of damages available will depend on the case. A wrongful death attorney can review the evidence and determine what compensation may be available.

Challenges to a Wrongful Death Case

West Virginia uses modified comparative negligence to assign fault to the parties involved in a Personal Injury case. Therefore, if the deceased was partially to blame for his or her death, any compensation could be reduced by the assigned percentage. This can be challenging since the deceased is not able to give their side of the story or defend allegations of fault.

Additionally, the time to file a lawsuit for a wrongful death claim in Logan, WV is just two years from the date of death. This short time period makes it crucial to take quick action if another is to blame for a loved one’s death. A lawyer may determine the deadline to file and create a plan of action to secure the right to compensation.

On the other hand, the time between the injury accident and the death can be another obstacle. Since the statute of limitations is from the date of death and not the date of the accident, there may be a significant amount of time since the event occurred. This could make proving negligence and showing how the incident caused the death more difficult.

Consult with a Logan Wrongful Death Attorney for Legal Help

The loss of your loved one due to another’s negligence is nothing short of tragic. You and your family deserve justice, and a Logan wrongful death lawyer is ready to help.

At Jan Dils, Attorneys at Law, you can trust our attorneys to handle your case with confidence and compassion as you grieve. You do not have to wait to secure justice. Schedule a free consultation now.