Wrongful death cases are never easy on surviving family members and friends. In fact, these lawsuits truly impact the life of the defendant and his or her family as well. Whether being sued in criminal or civil court, wrongful death cases mainly revolve around negligent actions that resulted in the death or deaths of others. This includes DWI, job-related accidents, and car wrecks. These situations are not only emotionally exhausting for all parties involved but also leave permanent scars for family members and friends who have to deal with the loss of a loved one.

In these scenarios, however, families can secure timely restitution for mental anguish, stress, and damages. The latter usually includes burial costs, along with medical bills and other costs related to emotional and even physical distress. Whether from medical malpractice or automobile accidents, a West Virginia wrongful death lawyer has the tools and expertise to effectively protect the legal rights of family members and friends. To learn more or get started on a claim, consult with an accident attorney today.

Professional Legal Services

Our lawyers have helped countless families seek and secure damages for loved ones who have died due to the negligent and absent-minded actions of others. The first step in any wrongful death case, however, is to consult with a local attorney. Complimentary consultations allow attorneys to weigh the pros and cons of your case, while letting you and the family know how to proceed with lawsuits and other legal proceedings. Our team can:

  • Understand the intricate details of the case while gathering pertinent information to use against the defendant in a court of law;
  • Advise new and existing clients about the best ways to file wrongful death lawsuits against those responsible. This can include drivers, doctors, employers, and others;
  • Explain all legal processes, proceedings, and steps needed to take your case to court; and
  • Help clients gather all pertinent information and evidence that will strengthen the overall case and claim. This includes eyewitness testimonies, along with coroner reports, doctor reports, hospital reports, police investigation records, and any/all information related to the case.

Our team of attorneys is just a phone call or e-mail away. If you are dealing with emotional duress due to the loss of a loved one, you must get the legal representation and services you deserve. We have a proven track of record of success. In fact, we have secured millions of dollars in damages for surviving loved ones in wrongful death cases. Not only do our legal professionals fight for your rights as a relative or spouse of the deceased – they also work hard to ensure the person or persons responsible are held accountable for their actions in a court of law. This may include possible imprisonment, along with paying victims damages for emotional stress, burial costs, medical fees, and any related debt to the wrongful death lawsuit.

Defending the Accused

As is the case with any lawsuit, the accused must be proven guilty beyond any reasonable doubt. With this in mind, defendants who believe in their innocence are entitled the same rights as accusers. Our West Virginia attorneys defend both plaintiffs and defendants in wrongful death cases. However, it depends on the specific circumstance and details of each case. This is why consultations are of paramount importance since they allow attorneys to determine whether your case holds water or not. While you may be fighting for the legal rights of the deceased, attorneys must look at all sides of the case before proceeding with any lawsuit filings or petitions for arrest. In cases where fatalities occurred due the negligent actions of all parties involved – only a judge or jury of peers can determine the exact sentencing and allocation of damages to both parties if deemed necessary and legally binding.

Whether for plaintiffs or defendants, all clients are assured the best and affordable legal services in town. In fact, many local lawyers do not even assess fees unless their clients win in a court of law. They also handle countersuits on the part of the accused and work diligently to ensure their clients and cases are presented with timely facts, evidence, and all pertinent information related to the unfortunate death of a loved one or friend.

Different Types of Wrongful Death Lawsuits

In order to proceed with a wrongful death lawsuit, local attorneys stress the importance of understanding the different cases involved. This is crucial since it helps protect the legal rights of those suing the accused. It is also important since there is a statute of limitations in these cases – so the more you understand, the better it is to strengthen your case and get the justice and restitution you deserve. The following types of wrongful death claims are considered the most common:

Automobile Accidents

There are over 350,000 lives lost each year due to automobile wrecks. In fact, car accidents constitute the most common and high volume of wrongful death cases filed each year. After accidents where fatalities are involved due to negligent drivers, families are left with the burden of medical bills, debt, loss of income, and especially emotional anguish, anxiety, depression, and pure sadness. Wrongful death cases stemming from car accidents usually happen due to:

  • Negligent driving, speeding, or road-rage on the part of the accused.
  • Reckless of impaired driving; DUI, DWI, or under the influence of medicine, drugs, or foreign chemicals.
  • Distracted driving such as texting, putting makeup on, or simply talking on the phone.
  • Road defects, road repairs, or construction activities (these cases are filed against Road and Bridge Authorities in a specific state, region, county, municipality, or locality).
  • Automobile defects where manufacturers or sellers will be held fully accountable.

Commercial or Personal Truck Accidents

Truck accidents are always considered more deadly and lethal. This is simply due to the size and weight of the vehicles in question, which far outweigh regular cars and sedans. These trucks can seriously injure or even kill passengers if they collide with smaller vehicles. Wrongful death claims stemming from truck accidents tend to be based on:

  • Aggressive driving – road rage, tailgating, and especially improper lane changes and turns.
  • Driving negligence – failing to signal during lane changes, driving while intoxicated or under the influence of substances (DUI, DWI, fatigue driving, medicine, etc).
  • Driving or speeding recklessly during storms or adverse road conditions.
  • Swaying due to heavy loads, sleepiness, or exhaustion.
  • Mechanical defects – in these cases, drivers can equally be held accountable along with manufacturers and/or sellers. If drivers knew of certain mechanical defects and did not do anything to fix or resolve them, vehicular manslaughter charges may be filed.

Other forms of wrongful death cases include medical malpractice suits, workplace accidents, and even defective products. Motorcycle accidents, slips, falls, and accidents due to negligence on the part of drivers or residential/commercial establishments also fall under the wrongful death umbrella. For more information on filing a wrongful death claim or lawsuit, now is the right time to contact a West Virginia attorney and get the professional help and services you need!

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Jan Dils, Attorneys at Law

Jan Dils, Attorneys at Law
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