The death of a loved one is a devastating experience. If your relative’s death has been the result of someone else’s negligence or an intentional act, you may be entitled to file a wrongful death lawsuit on behalf of the surviving family members. But it is important to know just who in West Virginia can file, because the laws may be different than those in other states. This article will attempt to list and outline the qualifications for eligibility to file a wrongful death claim, including the process of ensuring proper representation of all beneficiaries.
Overview of West Virginia Wrongful Death Claims
A wrongful death claim is a civil action brought on behalf of a person who has died, whose death was caused by the negligence or tortious actions of another party. In West Virginia, such claims are controlled by the state’s wrongful death statute, specifically West Virginia Code §55-7-6. This type of claim is designed to replace the lost support and love from surviving family members and beneficiaries, who may be left with such financial and emotional loss. Common reasons for these types of claims include car accidents, medical malpractice, workplace accidents, and even criminal acts. Although no amount can replace the life of a loved one, such claims do offer some financial cushion for funeral expenses, loss of income, and emotional trauma.
Who Has the Right to File a Wrongful Death Lawsuit in West Virginia?
In a distinction to many other states, that allow multiple family members to file a wrongful death lawsuit separately, in West Virginia, a claim for wrongful death can only be brought by the deceased individual’s personal representative. In most instances, the personal representative will either be a person named by the deceased in their will or, if the deceased died without a will, the court will appoint a personal representative. A personal representative may be a family member or even someone who is not in the family but who acts in the interest of the deceased’s beneficiaries. Personal representatives will file the wrongful death case, gather evidence, coordinate with attorneys, and properly file the claim within the statute of limitation, which generally consists of two years from the date of death in West Virginia.
Beneficiaries Entitled to Recover On the Wrongful Death Claim
Although brought by the personal representative, the claim is filed for the benefit of certain family members and dependents. In West Virginia, the following persons may be entitled to recover damages from the recovery in a wrongful death action:
- Spouse: Generally, the surviving spouse is the first person to whom entitlement to collect damages will be considered.
- Children: Biological and adopted children are also entitled.
- Parents: In case the deceased has no surviving spouse or children, then the beneficiaries may be the parents.
- Siblings and Other Dependents: Sometimes, siblings and other dependents of the deceased who relied on his or her income are also compensated.
The hierarchy ensures a priority of close family members in the distribution of the damages; however, the exact amount to be taken by each beneficiary is determined by the court.
Personal Representative
The role of a personal representative is not necessarily limited to initiating the lawsuit but extends to include the management of the litigation process, collection and filing of evidence, making decisions on behalf of the beneficiaries, among others. The primary role is to ensure that the effective pursuit of the wrongful death claim and that any settlement or court judgment is distributed fairly among the appropriate beneficiaries. After the claim is settled, the personal representative will allocate the recovery to all beneficiaries entitled. Typically, this allocation may need court approval to be deemed fair if the case involves multiple claimants or family members.
Can Multiple Parties Benefit from One Wrongful Death Claim?
Even though a single wrongful death claim can be filed, multiple parties could benefit from a settlement. The compensation is divided among the spouse, children, or any other such relatives of the deceased, in proportion to their level of dependency and relationship with the deceased. For instance, in comparison to an adult sibling, a surviving spouse could avail himself of a greater share of the compensation if the dead’s income was relied on financially by the spouse. It considers these relationships and situations before it will be permitted to award the damages.
Special Circumstances and Exceptions
There are special cases in which the dependents may be considered ineligible or more complex. For example, if the person who died had separated from his spouse, that spouse might still benefit according to the legal marital position at the time of the deceased’s death. On the other hand, in case the deceased had minor children, the compensation that is awarded to them may be set aside to be held in trust for them until they reach adulthood. Where such immediate family does not exist, however, more distant relatives, such as siblings or even legal guardians, may still qualify to receive compensation once they prove financial dependence or a close family connection to the deceased.
Importance of Consulting a Wrongful Death Attorney
Due to the complexity of wrongful death claims and the emotionally straining aspect, it is important that an experienced wrongful death attorney is consulted. An attorney is valuable to navigate the legal system, see to it that the personal representative performs his role, and make sure all the interests of the beneficiaries are protected. In addition, a Charleston wrongful death attorney will know the specific wrongful death laws of West Virginia, which could be different from other states. These processes will help ensure that a claim is filed within the statute of limitations and that all legal procedures are followed to maximize compensation for the beneficiaries.
Filing a wrongful death claim in West Virginia may prove to be difficult and emotional more than anything else, in determining who needs to be compensated. The claim, though is filed by a personal representative but the same is meant for benefit of the deceased’s immediate family and dependents. The legal framework and processes involved that substantiate the claim are supposed to be adequately addressed and pursued to ensure each meritorious beneficiary gets their rightful share of the compensation. If you have lost a loved one at the hands of someone’s negligence, seek legal guidance to protect your rights.
