Wrongful Death

WEST VIRGINIA MEDIATION LAWYER; WEST VIRGINIA ALTERNATIVE DISPUTE RESOLUTION LAWYER; WEST VIRGINIA WRONGFUL DEATH MEDIATOR

While arbitration is sometimes used in resolving wrongful death claims, it is more likely that mediation will be the preferred alternative dispute resolution method for resolving the difficult issues which arise in a wrongful death case.  In West Virginia, a wrongful death action is brought by the appropriate personal representative of the decedent, pursuant to the West Virginia wrongful death statute, W. Va. Code, 55-7-5 to 55-7-8a.  Many challenging issues are presented in resolving such claims.  Not the least of which is the emotion which must be overcome by grieving family members.  If emotion is overcome, then a good mediator will also need to understand the many legal issues which are often raised in such matters, not only about liability but about damages.  Helping the parties sort through these issues requires a mediator who has litigated wrongful death cases and, in doing so, has dealt with the factual, legal and expert opinion issues peculiar to such cases.

Some of these issues are addressed from time-to-time in this blog, Mediating Certainty, where I make posts concerning mediation generally and concerning important West Virginia legal developments.

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