Wrongful Death Claims

Normally, a wrongful death is a death caused by another's recklessness, negligence, malpractice, or inaction. A person killed in a mining accident by a roof fall, defective equipment, or an employer's deliberate intent is an example of wrongful death.  A person killed by a drunk driver, or a child that is struck and killed by a careless youthful motorist are also examples of wrongful deaths. In these cases, the families of the deceased can file wrongful death actions on their loved ones' behalf.  These civil lawsuits, are not criminal charges. However, they do help families recover damages for pain and suffering, mental anguish, lost wages, medical costs, and other expenses.

 

Who can bring a Wrongful Death Action?

 

Parents, spouses, and children are normally eligible to bring a wrongful death action, however minors may need a guardian to take a wrongful death lawsuit to court. Additionally, other family members - such as stepparents, grandparents, and dependents, may also be permitted to file a wrongful death suit in some states. Almost all immediate family members may bring a wrongful death claim in West Virginia.