If your loved one died in a Kentucky accident or incident caused by someone else, your family may be able to take legal action against that party. You may be eligible to recover compensation for your family’s losses. A Burlington wrongful death lawyer from Isaacs & Isaacs Personal Injury Lawyers is here to help. We offer free case consultations.
Our team’s Burlington personal injury lawyer can take on your case. We provide these free case reviews so families can decide what to do to hold the at-fault party or parties legally responsible. You may be able to take civil action regardless of the criminal charges pending or the outcome of any charges in the case.
Your Family May Be Eligible for Damages After a Loved One’s Death
When a person dies because of someone else’s negligence in Kentucky, Ky. Rev. Stat. Ann. § 411.130 permits them to hold the at-fault party liable through a wrongful death claim or civil action. This is generally possible if the deceased had a viable personal injury case had they not passed away from their injuries.
Kentucky outlines the specific damages recoverable in these cases. They include:
- Funeral and burial or cremation expenses
- Medical bills related to the accident or incident
- The pain and suffering the victim endured before passing away
- Loss of consortium suffered by surviving family members
Kentucky law also allows families to recover punitive damages when the at-fault party acted intentionally or with gross negligence. These cases must go to court since the jury awards these damages. Punitive damages awarded in these cases are not compensatory. Instead, they are in scale with the severity of the at-fault party’s bad behavior. They are meant to penalize the liable parties and prevent similar incidents in the future.
For a free legal consultation with a wrongful death lawyer serving Burlington, call 800-333-9999
Who Files a Wrongful Death Action on Behalf of the Family?
While there are a few exceptions, the personal representative of the deceased generally files these cases on behalf of the family. People sometimes refer to this person as the estate representative, executor, administrator of the estate, or other similar terms. The will generally names this person or the probate court will before the case can move forward. In some cases, parents may act on behalf of minor children who passed away.
This personal representative may file the paperwork or be the go-to person for the case, but they are not the only beneficiary of any settlement or award. In fact, they may not benefit from the case proceeds at all, depending on their relationship with the deceased. Kentucky law allows the following parties to receive compensation through a wrongful death action:
- A surviving spouse
- Any surviving children, minor or adult, biological or adopted
- Surviving parents
- Other heirs in the will, if no immediate family survives them
When our team reviews your case with you, we will identify the personal representative as well as the potential recipients of any financial recovery.
Burlington Wrongful Death Lawyer Near Me 800-333-9999
Building a Burlington, KY, Wrongful Death Case and Showing Liability
At Isaacs & Isaacs Personal Injury Lawyers, our Kentucky wrongful death attorneys are here to help families in Burlington and greater Boone County understand their rights and take legal action to get justice. If you believe your loved one died in a preventable accident caused by someone else’s bad behavior, we may be able to develop strong support for your claim and seek compensation for your family.
Almost any type of incident that could cause a personal injury can also lead to wrongful death. We handle most of these cases. Our attorneys have over 400 years of combined experience. This includes managing lawsuits based on:
- Auto accidents, including truck crashes
- Motorcycle collisions
- Pedestrian or bicycle accidents
- Dog bites
- Medical malpractice
- Premises liability cases
- Nursing home abuse
We are also very familiar with traumatic brain injuries and other catastrophic injury cases. If your loved one suffered devastating injuries and survived for several days or weeks afterward, we know the unique costs and losses your family likely faces.
We have recovered more than $1 billion for our clients. The key to winning at trial or negotiating a settlement is developing a strong case to show the accused party acted negligently and is, therefore, legally responsible. Proving negligence requires establishing:
- The party had a duty to act a certain way to protect your loved one
- They failed to do so, breaching that duty
- This caused the accident
- They suffered harm
- This harm led to their death
Our in-house litigation team knows how to clearly show what happened and who is legally liable, and we do so based on contingency. We never charge fees or costs upfront, and our clients never pay fees unless we win their case.
Kentucky has separate statutes of limitations that apply to car accident lawsuits and other types of personal injury actions when the victim was hurt. However, there is only one statute that sets a deadline in wrongful death cases: Ky. Rev. Stat. § 413.180. This law sets a deadline to sue for wrongful death that is:
- One year from the date of the victim’s death; or
- One year from the date the court appoints an estate administrator; and
- Never beyond the second anniversary of the party’s date of death
Missing the deadline can make it difficult or impossible to recover compensation through a negotiated settlement, and it prevents your family from moving forward with your lawsuit in a Boone County civil court. Getting started as early as possible is important.
Talk to an Attorney From Isaacs & Isaacs Personal Injury Lawyers for Free
You can discuss your family’s legal options with a lawyer from Isaacs & Isaacs Personal Injury Lawyers for free today. These complimentary consultations are not only free, but there is no obligation to hire us, and anything you discuss with our team is strictly confidential. We are here to ensure you understand your rights and how to seek justice for your family.
Call our team today for free. We have Spanish-speaking team members and lawyers, as well.