Losing a spouse, parent, child, or another close family member can be a painful experience. This is especially true if they were taken before their time during an accident or purposeful act that caused their death. Kentucky law allows surviving family members to hold negligent parties accountable and recover compensation through a wrongful death lawsuit.
Though no amount of money can truly heal your and your family’s sorrow, compensation can help pay for the financial costs of losing a loved one and shield your family from financial burdens. Working with an Ashland wrongful death lawyer from Isaacs & Isaacs Personal Injury Lawyers can give you time to focus on healing.
We Help Families Seek Justice for Wrongful Death in Ashland, Kentucky
At Isaacs & Isaacs Personal Injury Lawyers, we know that losing someone in your family is never easy, no matter the circumstances. That’s why we take special care to provide compassionate legal counsel to every family that seeks our help with a wrongful death case.
The process of filing a legal complaint, handling insurance claims, negotiating for a settlement, and pursuing a wrongful death lawsuit is a complex and stressful process. Let us use our 400+ years of combined experience to serve your family during this challenging time. We can:
- Compile evidence to prove negligence and demonstrate the cost of damages
- Handle all communications with insurance companies and representatives of the at-fault party
- Negotiate for a settlement that best reflects your family’s damages
- File a wrongful death lawsuit and represent your family in court
We help families of all backgrounds seek justice for their loved ones. We’re proud to work with you on a contingency-fee basis, meaning we don’t charge any upfront costs or fees. You pay when you win or settle. We also have paralegals and attorneys who speak Spanish so you feel supported no matter what.
For a free legal consultation with a wrongful death lawyer serving Ashland, call 800-333-9999
Defining Wrongful Death Per Kentucky Law
The state of Kentucky defines “wrongful death” as the death of an individual as a result of another party’s negligence or wrongful act. This statute outlines that surviving family members can file a lawsuit against the person, business, or another party that acted negligently and caused their loved one’s fatal injuries and death.
Some common types of wrongful death cases we take on include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Rideshare accidents
- Nursing home neglect and abuse
- Dog bites and attacks
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Who Can File a Wrongful Death Lawsuit in Kentucky?
Kentucky law states that the personal representative of the deceased can file a wrongful death lawsuit. This person is often the executor of the deceased’s will, but if they never finalized a will, the court will appoint a personal representative. Typically, this personal representative is a:
- Spouse
- Child
- Parent
- Grandchild
- Other close surviving family members
Per Ky. Rev. Stat. § 411.130, the closest surviving family member receives the amount of compensation less the amount of medical costs, funeral costs, and court-related fees are deducted. The law dictates that the money goes to the appropriate surviving relatives in this order:
- The sole surviving spouse with no children or grandchildren receives the whole amount.
- When there’s no surviving spouse, the child or children will receive the full amount to be split among them.
- When there is a surviving spouse and a child or children, the spouse receives half, and the child/children receive the other half to be split among them.
- When there are no children or spouse, the money goes to the deceased’s parents.
- When there are no surviving close family members as listed above, the money is shared with distant relatives through an estate.
A wrongful death lawyer serving Ashland from Isaacs & Isaacs Personal Injury Lawyers can help you better understand your eligibility to file a lawsuit and how much compensation you may be able to recover.
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Recoverable Damages in a Wrongful Death Case
You may be eligible to recover multiple forms of damages in your wrongful death case, including:
- Funeral and burial costs
- The deceased’s lost income over their lifetime should they have lived
- Medical bills accrued before the loved one’s passing
- Pain and suffering the deceased experienced before death due to accident-related injuries
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You Have a Limited Time to File a Wrongful Death Lawsuit in Kentucky
Per Ky. Rev. Stat. § 413.180, your family may have just one year to file a wrongful death lawsuit against the liable party. However, when this ticking clock starts depends on whether the deceased has surviving close relatives and/or an executor to their will.
Some wrongful death cases require the statute of limitations clock to start on the date of your loved one’s death. In other cases, the statute of limitations doesn’t start until a personal representative is appointed. However, you have no more than two years from the date of your loved one’s death.
Your Ashland wrongful death lawyer from Isaacs & Isaacs Personal Injury Lawyers can help you determine how much time you have to file a lawsuit. That’s why it’s so important that you contact a lawyer as soon as possible so you don’t miss your chance to seek justice and compensation.
How We Seek Compensation for Wrongful Death Damages
We know that going to court and presenting evidence in front of a jury can be stressful experiences for families. That’s why our first step will be to settle out of court, which can be more efficient and save your family from unnecessary stress.
We will negotiate with the at-fault party’s insurance company and any other liable parties to recover a settlement that best reflects the damages you and your family have suffered. If the insurance company or other liable parties refuse to award you a just settlement, then we can consider going to court.
It is always your choice whether you accept an offer or pursue a civil case. We can calculate the true cost of your and your family’s damages to give you an estimate of what a just settlement looks like and guide you through that decision when the time comes.
Trust Isaacs & Isaacs Personal Injury Lawyers With Your Ashland Wrongful Death Case
The team at Isaacs & Isaacs Personal Injury Lawyers is ready to represent your family and seek justice for their untimely passing. We will provide you with the same considerate and thorough legal counsel we’ve always provided our clients.
Contact our office today for your free, no-obligation case evaluation.
Call or text 800-333-9999 or complete a Free Case Evaluation form
