An unexpected or sudden passing can be painful for a family. In the case of wrongful death, it may seem like you are all alone. Thankfully, our firm’s Bowling Green wrongful death lawyers are ready to help.
Families who experience a wrongful death are often unprepared for related expenses. You may have to make funeral arrangements and eventually make up for a loss of income.
Bowling Green “Survival Law”
Wrongful death is also known as “survival” law because it allows families to pursue compensation for their losses. The deceased’s estate will receive damages based on the financial impact the death has had on the victim’s loved ones.
The most common wrongful deaths include car crashes, medical mistakes, construction accidents, and falls. You could qualify for a wrongful death settlement if a negligent person killed your loved one.
For a free legal consultation with a wrongful death lawyer serving Bowling Green, call 800-333-9999
What Qualifies As a Wrongful Death?
In Kentucky, wrongful death occurs when someone dies from the responsible party’s negligence or wrongful acts. Such acts can involve a multitude of situations, including:
- Auto accidents: When an individual causes injury or death to your loved one while driving. For example, while under the influence of alcohol or drugs.
- Defective or dangerous consumer products: When a manufacturer or seller of a product does not adequately warn consumers about risks associated with using their product.
- Pedestrian accident: A pedestrian is struck by a vehicle and dies due to the driver’s negligent actions.
- Medical malpractice: When a doctor or other health care provider neglects their patient or fails to provide adequate treatment.
- Construction site accidents: When a worker is injured or killed during their job duties.
- Nursing home neglect wrongful death: When a nursing home employee fails to properly care for your loved one at their assisted living facility.
- Falls on an unsafe property: When a homeowner fails to maintain a safe property. This includes failing to fix cracks in sidewalks, stairs, or steps.
- Construction accidents: When a contractor performs work negligently, causing damage to property or fatal injuries to people.
- Motorcycle accidents wrongful death: When a motorcycle rider is involved in an accident and dies as a result of the negligent actions of another motorist.
- Dog bites: When a dog injures or kills your loved one or family member.
- Truck accidents: When a trucker causes injury or death to others through reckless driving.
- Physical assault wrongful death: When a person is physically assaulted and dies as a result.
- Workplace accidents: A worker suffers physical harm or death due to workplace negligence.
- Slip and fall accidents: When a person slips and falls on a business’s premises and dies, this is considered a slip and fall wrongful death.
Bowling Green Wrongful Death Lawyer Near Me 800-333-9999
Who Can File a Wrongful Death Lawsuit?
Families who experience a wrongful death may not know who can file a lawsuit. In most cases, the executor of the deceased person’s estate files the wrongful death lawsuit on behalf of the rest of the family. Often, this is the surviving spouse of the deceased person.
However, if no one survives the decedent, the next of kin can pursue a wrongful death claim. If you are interested in pursuing a wrongful death claim, you must contact an attorney immediately. You should also take photographs of the scene of the accident and collect evidence.
How Much Money Will I Get From My Wrongful Death Claim?
The amount of money you receive depends on many factors, such as:
- How long ago the incident occurred
- Whether there was any criminal wrongdoing involved
- The damages caused
- The age of your loved one
- How long they lived after the accident
- Whether there were survivors
- The type of medical care was provided
- How much pain and suffering your loved one experienced before they died
- How much compensation you need to move forward with your life
In some cases, you may be entitled to more than one award. For example, if your loved one suffered from multiple illnesses, you could get separate awards for each illness.
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Who Is at Fault for the Wrongful Death of My Loved One in Bowling Green?
The individual responsible or at fault for the wrongful death depends on what caused the person to pass away. For example, if a person loses their life due to a car accident, the at-fault driver could be responsible.
More than one person could be responsible if the person passed due to medical malpractice or a construction accident. Our team of personal injury accident lawyers will help you determine who is responsible for the loss of your loved one.
Am I Eligible for Compensation After Losing a Loved One to an Accident?
Most families do not want to go to court over a wrongful death lawsuit. Knowing this, our team will do everything they can to settle without going to court. Sometimes, however, it is necessary because some insurance companies will not become serious about a settlement until a court date approaches.
Surviving members of a wrongful death lawsuit can claim compensation for the following items:
- Medical expenses
- Funeral and burial expenses
- Future expenses or unforeseen economic losses related to the accident
- Injuries sustained before death that were caused by the accident
- Lost income the deceased may have earned over their lifetime
- Non-economic losses, including mental anguish, loss of enjoyment of life, and loss of companionship
You could also pursue punitive damages. These damages are meant to punish the at-fault person. The court usually only awards these if the at-fault person was grossly negligent. Your lawyer will explore all opportunities to seek damages in your wrongful death case in Bowling Green.
How Is Compensation Distributed to the Surviving Family?
Any compensation received through a wrongful death lawsuit is distributed following a rigorous pattern set by Kentucky law. If the deceased leaves a spouse with no children or grandchildren, the money will go to the spouse after funeral expenses, and any remaining medical bills, court costs, and legal fees are paid.
If the deceased leaves a spouse and children, the spouse and children divide the compensation. If the deceased leaves a child or children but has no spouse, the child or children receive all the money.
If the deceased did not leave a spouse or children, the settlement money goes to the deceased’s parents. However, if the deceased did not leave a spouse, children, or parent, the settlement becomes part of the deceased’s estate and is distributed between distant relatives.
Is There a Deadline to File My Wrongful Death Lawsuit?
Ky. Rev. Stat. § 413.180 states that surviving family members of the deceased generally have one year to file a lawsuit. Your lawyer can explain how the timeline could affect your case. Your attorney can help you understand your rights and establish the best way to claim maximum compensation.
How Can Isaacs & Isaacs Personal Injury Lawyers Specifically Help My Family?
Our team is always willing to help accident victims’ families file a wrongful death case and pursue compensation due to them. We offer all clients a free consultation and do not charge fees unless you win the lawsuit or settle your case.
Isaacs & Isaacs Personal Injury Lawyers has an in-house litigation team that has helped recover over $2 billion in settlements for clients in Kentucky, Indiana, and Ohio. Our attorneys have over 400 years of combined legal experience. We have Spanish-speaking attorneys and paralegals on staff as well.
In addition, Isaacs & Isaacs Personal Injury Lawyers has a state-of-the-art mock courtroom to help clients prepare themselves for actual court proceedings, should they need practice.
What Does It Cost to Hire a Wrongful Death Lawyer Serving Bowling Green?
A Kentucky lawyer can cost a lot depending on the law firm and the type of wrongful death attorney you hire. You must hire the right kind of lawyer for your case, though. For instance, you would not want to hire a collections attorney for a wrongful death case. You want someone who regularly handles cases like yours.
We offer a no-win-no-fee policy in which clients do not have to pay for our firm’s services unless we win their case. The fee and costs we take will be previously agreed upon between the personal injury lawyer and client and will come from the settlement amount.
Our Team Can Lend a Helping Hand to Grieving Bowling Green Families
An unexpected or sudden passing can be hard to deal with because there is no time to prepare. This can make the loss harder. However, learning that negligence caused your loved one’s injuries is a more painful realization. You deserve justice against the liable party. Our personal injury attorneys will fight to make things right.
You might feel like you are alone at this difficult time. This is not the case, though. Isaacs & Isaacs Personal Injury Lawyers can help you understand your rights and fight for fair compensation. Call us today to get your questions answered and receive legal advice from our knowledgeable team.
We’re ready to hear your story and discuss our contingency-fee-based representation.