What is a wrongful death action?

| Mar 19, 2021 | Personal Injury |

When one of your loved ones dies due to someone else’s behavior, you may be entitled to file a wrongful death lawsuit against them. In this type of civil lawsuit, you may be able to collect monetary damages. Understanding how wrongful death lawsuits work in the state of West Virginia is imperative to determine whether or not you’re eligible to receive compensation for the death of your loved one.

Grounds for filing a lawsuit

Since a wrongful death lawsuit is a civil suit, it requires a legally supported reason for filing the claim. You’ll need to prove that your loved one died due to someone else’s reckless, deliberate or negligent behavior. Apart from proving another person’s negligence, you’ll need to prove how your loved one’s death has directly impacted you both financially and emotionally.

Some common examples of wrongful death lawsuits include work-related accidents, medical malpractice and automobile collisions. This type of lawsuit is a challenging one to win, so it’s a good idea to hire a wrongful death lawyer to assist you with developing your case.

Who can file this type of lawsuit?

Each state dictates who is eligible for filing a wrongful-death lawsuit based on a person’s relationship to the deceased person. In most states, surviving children and spouses are authorized to do so. In some states, they allow siblings, grandparents and extended family members to file wrongful death lawsuits. It’s a good idea to check with your state to determine whether or not you’re eligible for filing one of these cases.

Dealing with the unexpected death of a family member is hard enough. Knowing that somebody else is directly responsible for that death can make things even more overwhelming. Seeking justice can help to lessen the financial and emotional blow of a loved one’s death.