Experiencing the loss of a loved one can be devastating, to say the least. When you feel it was due to an act of negligence or recklessness by another, however, the journey can be especially difficult.
Our Louisville wrongful death attorneys understand the emotional distress the sudden loss of a family member can have on a family. While it’s never possible to adequately compensate for a life, our experienced attorneys can help you seek the financial peace of mind that you and your family deserves.
If you believe a loved one as passed due to the negligence or recklessness of another individual or healthcare professional, it is best you consult with experienced, dedicated and trusted attorneys. This time can be a difficult time for you and your family. Contact our office today to receive a free case evaluation. Our wrongful death defense team can help you through this difficult time.
In Kentucky, a “wrongful death” is any death that results from an injury the “negligence or wrongful act of another” inflicts. A wrongful death claim could arise after a car accident, medical malpractice, slip and fall injury, dangerous drug, defective medical device or product, homicide, or other scenario causing a fatal injury. When someone else causes the death of a loved one in Kentucky, surviving family members have the right to seek financial recovery through the civil court system.
Not just anyone who knew or loved the deceased person is eligible for compensation for negligence in Kentucky. If you are not someone listed in the state’s wrongful death laws, you will not receive damages. If you are, you must use a personal representative of the estate to file a claim on your behalf. The state’s wrongful death statute restricts who may recover damages after a loved one’s death – due to negligence – to only certain surviving family members, in the following order:
The courts will give all or a portion of the compensation to the plaintiff depending on the type of survivors in existence. For example, if a mother and father both file for the wrongful death of a child, the courts will award them each one half of the compensation award. If only a mother survives, she will receive all of the award.
If the deceased person has no surviving spouse, children, or parents, the whole amount of compensation will go to the payment of debts, and then pass to the decedent’s family members, such as siblings. If you qualify for compensation, you must use a personal representative to file the claim. The courts will assign one (it can be family member) if the decedent did not name one in a will or estate plan.
Wrongful death results in different damages than ordinary personal injury claims. The Kentucky courts allow recovery for both the decedent’s losses and the surviving family members’ losses. The decedent’s damages are similar to those he or she might have been able to seek recovery for had the incident not resulted in death. These can include the deceased person’s medical bills, lost wages, property damage, and pain and suffering up till the time of death. Additional compensation for family members can include damages such as:
When a person is sick or gets in a serious accident, they count on professional medical staff to take the appropriate steps to give them the care they need and to advise them in how to care for themselves to overcome their ailment. Unfortunately, many lives fall through the cracks, and as a result 1000,000 people die every year because of medical malpractice. This malpractice happens in many different ways including:
In most cases, it is the family of the deceased that has the first inkling that something went wrong with the care of their loved one. They know that nothing can bring their family member back, but they are still suffering emotionally, and often financially because of their loss. This is when it’s time to talk to a medical malpractice lawyer.
Because a medical malpractice suit, particularly one involving a wrongful death can make a big impact on a person’s medical career, it is important to build a strong case and determine that negligence actually occurred. These are the same reasons why it is important that that those cases are pursued when they are valid. Doctors, nurses, and other medical professionals have a major responsibility to their patients, and their mistakes can come with a high price. While the magnitude of that responsibility encourages close attention to detail as they do their jobs, the possibility of a medical malpractice suit is one more thing that helps keep medical professionals on their toes and helps them to continue to heal people each day.
Each case is specific, however, and requires sensitivity and thorough examination. In addition to determining that there was negligence in a medical case, it is also important to reveal the financial impact of a loss. Some things that are examined are:
Even the best settlement won’t ever replace a loved one who has passed away before their time due to negligence, but the knowledge that those involved are being held accountable as well as the financial relief granted can make a real impact on a family’s ability to move on. If you feel the loss of your loved one happened because of medical mistakes, contact a wrongful death medical malpractice attorney to discuss your concerns. You can reach us at (502) 589-2700 or complete our online form.
There is currently no cap on the amount of compensation a family or personal representative can receive for wrongful death in Kentucky. Using one of our attorneys to bring your lawsuit for you will help you get maximum compensation for the irretrievable loss of life.
Contact our Louisville wrongful death attorney within one year of the date of your loved one’s death (statute of limitation) to discuss the possibility of a wrongful death lawsuit. We are compassionate lawyers who want the best for your family during a dark time. Let us help you after a devastating fatal accident in Kentucky.