Who Can File A Wrongful Death Claim?
Most states limit who can file a wrongful death claim and who can recover compensation. At the law offices of Duffield, Lovejoy & Boggs, Attorneys at Law, in Huntington, West Virginia, we offer a free initial consultation to evaluate your case and answer your questions.
Our lawyers handle wrongful death claims in West Virginia, Ohio and Kentucky. Even if another lawyer has told you that you are not eligible to file a claim, contact our firm for a free second opinion.
Who Is Eligible To File A Wrongful Death Claim?
In West Virginia, Ohio and Kentucky, only the duly appointed representative of the deceased person’s estate has the legal authority to file a wrongful death claim. This person files the claim on behalf of all those seeking to recover damages.
The deceased person’s will may name a personal representative. If the deceased person did not have a will, the probate court will name a personal representative. If a minor child dies, the custodial parent can file the claim.
Our lawyers understand the emotional devastation that can result from a wrongful death and can guide you through the legal process to be named your loved one’s legal representative.
Who Can Recover Damages In A Wrongful Death Case?
The deceased person’s spouse, parents, children and siblings may recover compensation in a wrongful death case.
Other people may be entitled to recover compensation. For example, in West Virginia, any person who was financially dependent upon the decedent at the time of his or her death may be equitably entitled to share in the damage award or settlement. This could be broadened to include partners in same-sex or unmarried relationships.
Our lawyers often represent individuals and families with wrongful death claims on a contingency basis, meaning we recover attorney fees only if we are able to secure damages for your loss.
Contact Our Wrongful Death Lawyers
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.