If you are facing a wrongful death lawsuit, you have most likely been accused of some form of negligence that caused or contributed to the decedent’s untimely death. While the situation might seem dire at the outset, there are several defense strategies that we can draw upon to support you in challenging the lawsuit against you or your company.
At Linkous Law, PLLC, we provide skilled legal counsel for those who find themselves defending against a wrongful death claim. We understand the anguish surrounding the claim of wrongful death. We put our experience with state law into practice on your behalf in protecting your interests.
In order for you to be held responsible for the wrongful death of another, the plaintiff must prove that the decedent’s death was caused by your wrongful or negligent actions. They must also prove that you, the defendant, owed a duty of “due care” to the decedent, and if that duty can be established, then a breach of that duty must be proved. The plaintiff must then prove a direct line of causation from your actions to the decedent’s death in such a way that the death would not have occurred if you had not taken the action. Finally, the plaintiff must prove that there were damages suffered by the decedent.
Some of the available defenses against wrongful death include the following:
At Linkous Law, PLLC, we have the experience to handle wrongful death investigations and can advise you on the most appropriate course of action when you are facing a wrongful death action.
Contact Linkous Law, PLLC at 304-212-2013 or contact us online for a consultation at our Morgantown, West Virginia office to discuss your wrongful death case today. We serve clients in West Virginia, Virginia and Ohio.