Every state's laws are different when it comes to filing a wrongful death claim. At the law offices of Duffield, Lovejoy, Stemple & Boggs, Attorneys at Law, in Huntington, West Virginia, we file claims in West Virginia, Ohio and Kentucky. We offer a free initial consultation to answer your questions about the legal process.
Step One: Determining Fault
Liability in a wrongful death case is derived from who was at fault for your loved one's death. As a result, determining fault is the first step in filing a wrongful death claim. Our lawyers will interview witnesses, examine medical records, police officer reports and other evidence, and consult with experts to establish who was at fault.
Step Two: Determining Who Can File Claims
Most states limit who can file a wrongful death claim and who can recover damages. Learn more about who is eligible. Our lawyers will guide you through the process of determining who can file a claim and who can recover damages.
Step Three: Determining Damages
Determining damages is a difficult and painstaking process. No amount of compensation can bring your loved one back. However, money damages can hold the wrongdoer accountable and compensate family members for what they have lost.
Our lawyers will gather information about your loved one's earnings history, tax returns and other financial data to help determine the amount of economic damages. However, a person is more than the sum of his or her wages. The other part we lose is the society, companionship and kindly advice of a family member. Our lawyers will talk to the people whose lives your family member touched to paint a picture of the hole that is left by his or her absence.
The types of damages that can be recovered vary from state to state. Our lawyers will determine what damages can be recovered in your state and then be aggressive in maximizing the amount of your recovery.
Step Three: Filing A Wrongful Death Claim
Our lawyers will present the claim for damages to the at-fault party and/or his or her insurance company. If we are unable to negotiate a settlement, we will file a wrongful death lawsuit and litigate in court.
We often represent individuals and families on a contingency basis, meaning that we recover attorney fees only if we are able to recover compensation from the at-fault party. Our fee will be a percentage of the amount recovered.
Contact A Wrongful Death Lawyer
If you have lost a loved one in a fatal accident, our experienced attorneys can help you obtain full and fair compensation for all of your losses. Please contact us today to schedule a free initial consultation.
70 years of combined legal experience in wrongful death cases