When a loved one dies after a lingering illness, there is a deep sense of loss and grief, but the family has had time to prepare and to say goodbye. In the case of a wrongful death, none of that is true. The death is unexpected. Much worse, the death was unnecessary, putting an extra burden on those left behind. In addition to the grief, there is often a deep feeling of anger. They have suffered this tremendous and permanent loss only because someone else was careless and didn’t care.
The Principles of a Wrongful Death Case
A Wrongful Death Lawyer in Martinsburg WV will need to prove these four general principles in a wrongful death claim. If there had been a personal injury case prior to the death, the wrongful death case would basically be a continuation of that prior case.
was completely or partly responsible for the death.
As a result of
the death, there have been monetary damages, both present and in the
There are survivors who are entitled to
compensation, including a spouse, children and/or other dependents.
Not all of the possible damages can be recovered
in a wrongful death claim. The court may consider that some damages
were not proven or are too speculative. However, any or all of these
may be recoverable in a particular case and include:
anticipated earnings until retirement or death
Benefits such as
a pension or medical coverage that were lost because of the death
loss of protection, care and companionship
pain, suffering and mental anguish
Punitive damages (this requires a higher
level of proof)
The negligence in a wrongful death case could be a
result of a vehicle crash, medical malpractice, premises liability or
product liability claims. Evidence used to prove the claim could
and company records
Testimony from witnesses
Sherman Law Firm has many years of experience as a
Wrongful Death Lawyer and fights aggressively for the rights of the
survivors. His experience with other legal areas adds to his
knowledge in wrongful death cases. Visit his website at to learn more
about how he can help in this tragic situation.
Contact the law office of Sherman
Law Firm today.