Protecting Your Legal Rights After a Fatal Injury: Wrongful Death Claims

One of the most solemn responsibilities I have as a West Virginia Personal Injury Attorney is meeting with and advising grieving families after the tragic, unexpected loss of a loved one.

It can take months for a family to realize the myriad of ways their lives have changed as a result of the absence their family member: emotional pain, financial hardship, and above all, the loss of companionship which is felt moment by moment.

If a person’s death is natural or a true accident, no one is legally responsible to compensate you for that person’s death and your losses.  However, if this untimely death was caused by a defective product or faulty piece of equipment or the negligence of a third person such as an employer or contractor, you may have legal rights of recovery for your losses through a wrongful death claim.

This is a difficult time for you to process and determine the first steps to take in moving forward with your life.  Even so, taking action now will secure your future rights, as the beneficiary of the estate, to just compensation for your financial and emotional losses.

Important First Legal Step You Need to Take after a Death

The first thing you need to do is ensure that you or someone you trust is appointed the personal representative of the estate of your family member who has died.  This appointed representative will legally act on behalf of the deceased individual and execute the will and payment of any estate debts.  That representative will also be allowed to pursue a wrongful death claim on behalf of the decedent’s estate.

A family cannot easily adjust to the loss of a loved one who has also, in some cases, been the sole financial provider.  The family member who was fatally injured continues to have legal rights even after death, carried out through their personal representative.  Special legal provisions have been made for your family in such cases to ensure you are protected financially.  The estate, the deceased person’s assets and debts, as well as the legal right to receive compensation after a wrongful death, pass on to the family of the decedent.

No amount of money can fully compensate for the loss of a loved human being.  The law acknowledges that even though nothing can bring that person back, a monetary payment can at least help you to rebuild your life financially.

The law also protects your children’s rights in the case of a wrongful death where a parent has suffered a fatal injury.  The greatest care must be taken to look out for your children’s interests and future well-being.

For the good of your family’s future, it is essential that you do not postpone consulting with a lawyer whose specialty is personal injury and wrongful death law.  Valuable evidence and witnesses may become unavailable as the months pass by, causing your case to become seriously compromised.  The complexities of wrongful death cases demand that they be handled by an experienced and competent attorney.  There are just too many risks and ways you might squander your family’s only chance of fair compensation for your grievous losses.

Wrongful Death Claims in West Virginia Explained: Learn More

If the tragic and unexpected loss of a loved one is the situation in which now you find yourself, you owe it to yourself and your family to protect your legal rights.

For more information on West Virginia attorney Jeff Robinette, please visit his profile page. Robinette Legal Group answers questions like yours every day.  Please call if we can be of assistance to you during this difficult time: 304.594.1800 or after hours, 304.216.6695.