Tag: wrongful death lawyer

Wrongful Death in West Virginia: Get the Facts

On By Jeffery RobinetteIn Work Injuries, Wrongful Death2 Comments

What is a wrongful death claim?

A wrongful death lawsuit against a workplace, business, or individual is filed when an untimely death is caused by a devastating, catastrophic event like civil or criminal negligence, accident, product failure, or medical malpractice (like in the case of side effects of Xarelto and health-related lawsuits).  A wrongful death has tragic results for family members, children, and dependant parents.  A successful wrongful death claim can ease the financial burden of the surviving family members.

How long do I have to file a wrongful death claim?

A West Virginia wrongful death claim may be filed up to two years after the untimely death.  Two years may seem a long time, but delays in representation allow for the destruction of vital evidence which will affect your claim.  It is important to retain an experienced lawyer as soon as possible.  A wrongful death has tragic economic and psychological implications for family members, children, and dependant parents.  Loving family, friends, and support groups may help you deal with the emotional pain of your loss.  You will also need a lawyer experienced in handling wrongful death claims to aid your family in moving forward from your tragic loss through monetary recovery for the damages your family has suffered.

Who may file a wrongful death claim?

A wrongful death claim may be filed by the deceased’s estate, parents, surviving spouse, and adult and minor children of the deceased parent.

What damages are recoverable in a wrongful death claim?

Some of the damages recoverable in a wrongful death claim are:  medical and funeral expenses, lost future earnings, and loss of relationship (also called consortium).

What types of insurance may be available for compensating a wrongful death claim?

Insurance benefits may include motor vehicle insurance of the at-fault party, business insurance, uninsured or underinsured motorist insurance of the deceased, umbrella policies, funeral benefits, survivor benefits, personal insurance coverage, and personal and business assets of the at-fault party.

What are some factors which may affect the value of a wrongful death claim?

  • The facts of the accident which caused the death:  whether the cause of the accident was egregious or simply a “mistake” will affect the claim’s value.
  • The claim may be worth more if the cause of death is uncontested.
  • The amount of pain, fear, and suffering preceding the death may factor into a wrongful death claim’s value.
  • The number of potential beneficiaries and the age of the deceased:  the value of a claim for a decedent who was married with dependent children will be higher than for an older, single person.
  • The identity of the party who caused the death:  a grandmother who “made a mistake” will be viewed more sympathetically than a multi-million dollar corporation.
  • Insurance coverage:  if the party who caused the accident is uninsured or underinsured, damages may not be recoverable unless that party has substantial personal assets.
  • The personal character and reputation of the deceased will affect how the wrongful death claim is viewed.
  • The experience and reputation of your lawyer:  The insurance companies will be doing everything within their legal power to minimize your claim and avoid paying full compensation.  They will hire or use company lawyers to aggressively fight your claim.  These types of claims are complicated and can be lost on technical or procedural violations.  It is essential for you to hire an attorney who has a reputation for experience and success in handling wrongful death claims.

Submitted by the Robinette Legal Group, PLLC, West Virginia Injury Lawyers. Free books and downloads for WV accident victims — Call us today: 304-594-1800 for your free copy of Righting the Wrong: WV Serious Injury Guide; Collision Care: WV Auto Injury Guide; or Beside Still Waters: WV Fatal Injury Guide for Families. We are glad to answer your questions.

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Carbon Monoxide Poisoning – Are your children safe?

On By Jeffery RobinetteIn Carbon Monoxide Poisoning, Child SafetyLeave a comment

Approximately 24 children under the age of 14 die from carbon monoxide poisoning each year, with an additional 3,500 emergency room reported injuries, according to the National SAFE KIDS campaign (www.safekids.org).

Young children are especially vulnerable to the effects of carbon monoxide (CO) and may show symptoms sooner than a healthy adult. Because of their smaller bodies, children process CO differently than adults and may be more severely affected by it.  In addition to death, carbon monoxide can cause severe learning disability, memory loss, and personality changes.

Carbon Monoxide, the Silent Killer

Often called “the silent killer,” Carbon monoxide is an invisible and odorless gas that is produced when burning any fuel, such as gasoline, propane, natural gas, oil, wood, and charcoal.  Carbon monoxide causes illness by decreasing the amount of oxygen present in a person’s body.

CO poisoning can often be mistaken for other illnesses, such as the flu.  The most common symptoms include headache, fatigue, nausea, vomiting, and confusion.  In severe cases, the person may lose consciousness or die.  Often, other people in the place of business or household will exhibit similar symptoms.

To decrease the risk of carbon monoxide poisoning in your home, install CO detectors outside every bedroom.  Install the detectors at least 15 feet from a source of CO to eliminate nuisance alarms.  Hardwire detectors if possible, and check every six months.  Do not heat your home or camper with your stove top or use a camp stove, grill,  or generator inside your home or camper.  Do not leave a car or motorcycle running in your garage even if the garage door is open.  Install a CO detector in your boat cabin; CO can accumulate anywhere in or around a boat.  Have your fireplace, stove, and furnace checked regularly by a professional.

Sometimes carbon monoxide poisoning is caused in part by the negligence of a landlord, repair technician, or faulty piece of equipment.  Landlords and professional service technicians are held to the highest standards of accountability for the safety of those they serve.

West Virginia landlords are required to maintain a leased property in a condition that meets requirements of applicable health, fire, and safety housing codes. West Virginia mandates in W.Va. Code Section 29-3-16a that any residence built after 1998 be equipped with carbon monoxide detectors.  The federal government, through the International Residence Code (ICR) 315.2, further mandates carbon monoxide detectors must be installed in any one or two family home that either has a fuel-fired appliance or heating unit , or is attached to a building containing such appliance, if any work is planned for that home that requires a building permit.

If CO poisoning is detected, vacate the area immediately and seek emergency help.  Avoid re-entry until the fire department deems it safe.

For information about carbon monoxide poisoning and premises liability, go to http://www.robinettelaw.com/Catastrophic-Injuries-and-Wrongful-Death/