This form is a Complaint for a Wrongful Death. Plaintiff demands a jury by trial, an award of damages, reasonable attorney fees, and other relief which is just and proper.
West Virginia Complaint for Wrongful Death - Single Count
State:
Multi-State
Control #:
US-M6795
Format:
Word;
Rich Text
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How to fill out Complaint For Wrongful Death - Single Count?
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FAQ
If you or a representative of your loved one's estate files a wrongful death lawsuit against the individual who caused the death, you may receive a financial award, but an insurance company will most likely make the payment.
For wrongful death matters in the state of Virginia, the filing party has two years from the date of the death to bring forth a lawsuit. Note that this is from the date of the death, not the date of the incident.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
You can recover damages for anything the decedent would have contributed while they lived. You can also recover what you lost for intangibles like moral support (general damages) and tangibles financial losses like gifts or benefits you expected to receive, including medical bills.
To prevail in a wrongful death claim, the plaintiff must establish four key elements: duty, breach, causation, and damages. The plaintiff must demonstrate that the defendant owed a duty of care to the deceased, breached that duty, and that the breach caused the death, resulting in damages.
Under West Virginia's wrongful death law, the following people may receive compensation in a wrongful death case: the deceased's surviving spouse. the deceased's children, stepchildren, and adopted children. the deceased's parents and siblings, and.
Surviving spouse. Children, stepchildren, and adopted children. Parents and siblings. Other dependents (including any people who were financially dependent upon the decedent at the time of his or her death)