Who starts a wrongful death lawsuit?

On Behalf of | Oct 1, 2020 | Wrongful Death Auto Accidents |

Losing a loved one in West Virginia is never easy. Every one understands that it is inevitable, but that does not make it any easier when a loved one actually passes away. The hope is that people live a long full life and die at an old age, but unfortunately that does not happen for everyone. Some people pass away far too young. This could be because of an illness or because they were the victim of a fatal accident.

When young people pass away in this manner, it can be particularly difficult for the family and friends of the victim. There are given no time to prepare for life without their family member. In addition to being very difficult emotionally, it can be very difficult financially as well. The victim may have earned the primary income for the family or at least a significant portion of it. So, in addition to losing the love and support, they may also find themselves figuring out how they will pay the bills.

Steps to starting wrongful death lawsuit

Families who find themselves in this terrible position may be able to start a wrongful death lawsuit to obtain compensation to at least ease the financial hardships associated with the loss.

In most lawsuits, though, the victim is the one who initiates the lawsuit. However, since the victim cannot start these lawsuits someone else needs to. It also does not necessarily need to be a family member. Wrongful death lawsuits are initiated by the personal representative of the victim’s estate. The lawsuit must allege that the death was caused by the negligence or on purpose by another and that the victim would have been entitled to damages if they were alive.

Unfortunately, there are many people who die far too young in West Virginia. The families of the victims can be left in a very difficult position. They will never be able to replace the victim, but they may be able to receive compensation for the financial losses they experience. These can be very complicated cases though. Consulting with an experienced attorney may help ensure that the families receive what they deserve.