This form is a general sample wrongful death complaint requiring the user to supply facts giving rise to the complaint.
West Virginia Complaint regarding Wrongful Death
State:
Multi-State
Control #:
US-PI-0306
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Wrongful Death?
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FAQ
Unlike some states that allow surviving family members to file a wrongful death lawsuit, West Virginia law requires the personal representative (sometimes called the "executor") of the deceased's estate to bring a wrongful death claim to court. (W.Va. Code § 55-7-6 (2021).)
4 Fundamental Elements of a Successful Virginia Wrongful Death Case The individual or organization named as the defendant caused the death, A negligent or reckless act by the defendant led to the death, People close to the person who died suffered emotional and psychological harm because of the person's death, and.
West Virginia's wrongful death statute provides families who have lost a loved one due to the negligence or misconduct of another the right to file a civil claim against that person, corporation, or government. A civil claim, also known as a personal injury claim, is a legal action or claim against one or more parties.
(b) In every such action for wrongful death, the jury, or in a case tried without a jury, the court, may award such damages as to it may seem fair and just, and, may direct in what proportions the damages shall be distributed to the surviving spouse and children, including adopted children and stepchildren, brothers, ...
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.?
If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.