Aid For Families Recovering From Tragic Accidents
Losing a loved one is never easy. But when their death is caused by someone else’s negligence, an accident that could have been avoided or reckless behavior, anger and frustration mix with grief. No amount of money can bring back the person you’ve lost, but a successful wrongful death claim can help provide for your family as you try to recover from the tragic loss.
Hoover Law PLLC is known for taking on tough cases. Our proven track record at trial has made us a go-to resource for those who have been injured as well as other personal injury lawyers. We know you have a lot of questions. When you bring your loved one’s case to our firm in Barboursville, you can find answers.
Who can file a wrongful death claim?
In both West Virginia and Kentucky, only the deceased person’s estate can file a wrongful death action. Normally, this is done by the person who was chosen to manage the estate either by a court or in the person’s will. They file on behalf of the surviving family members, who receive any compensation that is paid out in the case.
What do we have to prove?
In order to recover compensation for another person’s death, the estate has to prove that the death was caused by a wrongful act and that the person would have been able to sue for damages if they had lived.
Are there limits on recovery?
West Virginia wrongful death cases are limited by a cap on noneconomic damages and the “comparative fault” standard. Comparative fault reduces the amount of compensation awarded by the percentage a judge or jury finds the person’s own negligence contributed to their death. Noneconomic damages are usually pain and suffering of the deceased person’s family. The cap on noneconomic damages applies to pain and suffering in medical malpractice cases, limiting these awards to $500,000.
Kentucky, on the other hand, has no caps on recovery.
Find Justice For The One You’ve Lost
If you have lost someone in a fatal accident, we can help. To learn more about how we can help your family move on, call 304-666-3531 or reach out online to make an appointment with an experienced attorney.