Bailey, Javins, and Carter LC

Charleston | (800) 497-0234

Morgantown | (304) 599-1112

  • Home
  • Firm Overview
    • Why Hire Us?
  • Attorneys
    • Timothy Bailey
    • Lee Javins
    • D. Blake “J.R.” Carter Jr.
    • J. Ryan Stewart
    • Robert Thomas Noone
    • Linda Nelson Garrett
    • Taylor M. Norman
    • David Bosak
    • Robert Vaughan
  • Practice Areas
    • Personal Injury
      • Coal Mine Accidents
      • Car Accidents
        • Motorcycle Accidents
      • Commercial Truck Accidents
        • Montgomery Truck Accident
        • Huntington Truck Accident
        • Cross Lanes Truck Accident
        • Dunbar Truck Accident
      • Nursing Home Abuse
      • Wrongful Death
      • Premises Liability
        • Slip & Fall Accidents
      • Pedestrian Accident
      • Back & Neck Injuries
    • Workplace Injury
      • Power Lineman Injuries & Death
      • Oil & Gas Well Injuries & Death
        • Pipeline Explosion Accidents
      • Construction Injuries
      • Fracking Injuries
      • Industrial Accident
      • Heavy Equipment Injuries and Death
      • Independent Contractors
    • Catastrophic Injury
      • Brain Injury
      • Back & Neck Injuries
      • Spinal Cord Injury
      • Burn Injury
      • Scarring and Disfigurement
      • Amputation
      • Explosion Injury
      • Helicopter Accidents
    • Product Liability
      • Talc Litigation
      • Auto Defects
        • Tire Defects
        • Takata Air Bag Recall
        • Defective Brakes
    • Medical Malpractice
      • Birth Injury Lawyer
    • Workers’ Comp & SSD
  • Legal News
    • A look at safety in West Virginia coal mines
    • Distracted drivers the focus of new legislation in West Virginia
    • Dozens of lawsuits linked to chemical spill move forward
    • Feds announce new safety regulations on rail transportation of oil and gas
    • Four West Virginia mines issued citations by MSHA in September
    • Hunters could face injury, death from defective tree stands
    • Legal options for workers injured in gas and oil well accidents in West Virginia
    • Lowering speeds for large trucks could improve road safety
    • Social Security Disability benefits provides financial aid to WV residents
    • Study: Younger drivers may be better at texting and driving
    • Suing a mine operator for serious on-the-job injuries
    • Surge of black lung disease hitting Appalachian coal miners
    • Transvaginal Mesh Issues Discussed in West Virginia
    • Truckers with sleep apnea at greater risk for drowsy driving accidents
    • What recent tort reform measures in West Virginia mean for you
    • What you need to know about asbestosis and mesothelioma
  • Video FAQ’s
  • Blog
  • Contact
  • Menu Menu
  • Wrongful Death FAQ’s

What will we have to prove to win a wrongful death lawsuit?


Transcript

In general, most cases come down to what we learned in law school are the three hurdles. We have to prove that the wrongdoer owed a duty. A duty to be safe and to act as a reasonably prudent person or company. So that’s step one. The second hurdle is they breached that duty. They broke that promise. They operated the worksite in a dangerous fashion against the OSHA or MSHA regulations. They crossed the center line or did not brake the vehicle in a safe fashion and they broke that promise. So that’s the second hurdle. And, the third hurdle is you have to show that as a result of that broken promise, that broken duty, that you or someone you love suffered harm, suffered damages. If we can prove all three of those factors, then that makes for a successful case. So that’s what we look for. And, so we would look to see what the duty was owed, how the defendant breached that duty or broke that duty or that promise and then what’s the damages that you’ve suffered. And, now there are other cases, that have, that may require more hurdles. And so that’s why it’s really important that you see a lawyer very quickly so that they can do an assessment very early to see exactly what are the pieces of the puzzle that need to be put together for your specific case. So that’s why if you have suffered the loss of a loved one, you need to talk to Bailey Javins & Carter quickly so that we can see how many hurdles or how many pieces of the puzzle we need to put together.

Free Consultation

    Bailey, Javins, & Carter L.C.

    Charleston Office
    Local: 304-345-0346
    Toll Free: 800-497-0234

    Morgantown Office
    Local: 304-599-1112

    bailey javins & carter

    Useful Links

    • HOME
    • CONTACT
    • DISCLAIMER
    • PRIVACY POLICY
    • SITEMAP

    Contact

    Charleston Office

    (304) 345-0346

    (800) 497-0234

    Morgantown Office

    (304) 599-1112

    Follow Us

    Review Us
    © 2023 Bailey, Javins, & Carter L.C. All rights reserved | This is a Too Darn Loud Marketing law firm website.
    Scroll to top