In West Virginia, the family members of individuals who died due to avoidable circumstances can file a lawsuit for wrongful death. The circumstances in which the fatalities are produced could include a multitude of events ranging from medical malpractices to murder. A wrongful death lawyer in Romney, WV presents the families with a legal avenue to file their claim.
How Did the Victim Die?
This is the key element for the entire case. The way the victim died determines if it was caused by another party or if it was just an unfortunate accident. In these cases, an autopsy is necessary to identify the exact cause of the fatality. For example, in an auto accident, the responsible driver must have committed a moving violation to be at fault. The cause of the accident cannot be circumstances that were beyond the driver’s control.
Defining the Responsibility of the Defendant
In cases where the responsible party was a doctor, the doctor must be negligent. This indicates that they failed to follow hospital protocol, lacked adequate training, or it was an act of malice. The fatality cannot be caused by a risk that was disclosed to the patient or their family. The victim or their family must sign a consent form for the doctor to perform certain surgeries. If the risks were disclosed prior to the patient or their family’s consent was given, the doctor isn’t liable.
What Is Requested in a Wrongful Death Claim?
The family requests the replacement of their financial losses through the claim. They request repayment of any medical or funeral expenses. If a child or spouse was left behind, they request the financial support they lost when the victim died, which could include lifetime earnings of the victim.
In West Virginia, the family members of the victim can file wrongful death claims to acquire compensation for their losses when the fatality could have been avoided. The evidence must show that the defendant was responsible for the death of the victim. Families that need a wrongful death lawyer in Romney, WV should visit the site for more information now.
