Filing a Wrongful Death Claim

Wrongful death claims can make people feel uncomfortable because they think it will look as though they are trying to profit off the death of a loved one. The truth is, a wrongful death claim is a necessary and legal claim designed to help the families left behind. For example: if your spouse is the primary source of income in the household, and he or she dies in a car accident that was caused by a drunk driver, you may be unable to support your family without that income. On top of that, you may be facing exceptionally high medical bills and funeral costs – none of which were in your budget.

To that end, a wrongful death claim is another option you have that can help you protect your family. The rules and regulations regarding these types of claims vary from state to state.

Washington, D.C.

Under the law, which can be read in its entirety here, “When, by an injury done or happening within the limits of the District, the death of a person is caused by the wrongful act, neglect, or default of a person or corporation,” the spouse of the deceased may file a wrongful death claim against the person or entity responsible. The statute of limitations is two years from the date of the death.

West Virginia

Under the most recent version of the laws in West Virginia, found in their entirety here, “Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action to recover damages in respect thereof, then, and in every such case, the person who, or the corporation which, would have been liable if death had not ensued, shall be liable to an action for damages.” West Virginia also has a statute of limitations of two years for a wrongful death action, and the law instructs that juries should include the following when considering damage awards:

1. “Sorrow, mental anguish, and solace which may include society, companionship, comfort, guidance, kindly offices and advice of the decedent;
2. Compensation for reasonably expected loss of
   1. (i) income of the decedent, and
   2. (ii) services, protection, care and assistance provided by the decedent;
3. Expenses for the care, treatment and hospitalization of the decedent incident to the injury resulting in death; and
4. Reasonable funeral expenses.”

What can lead to a wrongful death claim?

Almost any act of negligence that leads to the death of another could be the basis of a claim, but some types of accidents and negligent acts are more likely than others to result in a death. They include:

• Auto accidents
• Construction site accidents
• Defective drugs and medical devices
• Defective products
• Falls from heights
• Medical malpractice

If you are unsure whether or not the death of your loved one was the result of an act of negligence, your best bet is to consult a skilled wrongful death lawyer about what happened. If your loved one was killed in an act of malice, you may also be able to pursue a wrongful death claim in civil court, which is different from criminal court. West Virginia specifically mentions murder and manslaughter in its statute, but Washington, D.C. does not, so you will want to speak to an attorney who can explain your options in this type of circumstance.