Kentucky law allows family members who lost a loved one in a preventable accident to build a case and hold those legally responsible accountable. An Elsmere wrongful death lawyer from Isaacs & Isaacs Personal Injury Lawyers may be able to handle this process for you and get the money you need to cover your related expenses and income losses.
You can learn more today with a free case review from one of our Elsmere personal injury lawyers. Isaacs & Isaacs Personal Injury Lawyers can discuss your options for seeking justice with you. We can often pursue damages for our clients and recover money for them, making it easier to deal with the financial stress they may face.
Wrongful Death Damages After an Elsmere, Kentucky, Incident
Families may experience many financial effects when their loved one dies unexpectedly. Kentucky’s wrongful death laws allow them to recover compensation for some of the expenses and losses they incurred, assuming they can show that the death was due to another party’s negligence.
Even when the at-fault party faces criminal charges, an insurance claim or wrongful death lawsuit is the best way for the family to get justice and cover their money damages. The recoverable damages could include:
- Funeral and burial expenses
- Medical treatment costs related to their accident injuries
- The pain and suffering they experienced before passing
- Loss of consortium, including service, guidance, and love
- Punitive damages when the incident occurred intentionally or via gross negligence
Kentucky has strict rules in case law about recovering income losses and some other types of damages. While there are no caps on wrongful death damages, there may be some rules that affect the value of your family’s case. Our team will assess your recoverable damages and discuss this with you during your free case consultation.
For a free legal consultation with a wrongful death lawyer serving Elsmere, call 800-333-9999
Most Cases Require the Deceased’s Personal Representative to Act
Under the Kentucky action for wrongful death law, Ky. Rev. Stat. Ann. § 411.130, who can act on behalf of surviving family members is limited to the personal representative of the deceased in most cases. If there is no personal representative named in the will or another estate plan, the probate court can name one.
While the personal representative will lead the legal action, any money recovered through a claim or lawsuit will go to qualifying family members. This includes:
- The surviving spouse and children
- The surviving spouse, if no children
- The surviving children, if no spouse
- Surviving parents, if no spouse and children
Our team can identify who can represent your family in a wrongful death action and who can receive the recovered damages. We can discuss this in more detail during your initial case review.
Elsmere Wrongful Death Lawyer Near Me 800-333-9999
Will My Loved One’s Elsmere Death Support a Wrongful Death Claim?
Our Kentucky wrongful death lawyer from Isaacs & Isaacs Personal Injury Lawyers handles a variety of personal injury cases. Almost any of these accidents can support a wrongful death case in the event the victim passes away before filing a lawsuit. Some examples of our most common cases include:
- Car accidents
- Motorcycle crashes
- Bicycle accidents
- Pedestrian crashes
- Rideshare wrecks
- Truck accidents
- Traumatic brain injuries and other catastrophic injury accidents
- Dog bites
- Medical malpractice
- Slip and falls
- Other premises liability claims
- Nursing home abuse
We have more than 400 years of combined experience that allow our lawyers to use their knowledge and management of similar cases to pursue damages for our clients. We know how to develop strong support for their claims, helping them recover financially so they can mourn and deal with their emotional losses without worrying about debt or struggling with bills.
To hold the at-fault parties legally responsible, we need to be able to show the at-fault party acted negligently and that this caused your loved one’s death. This requires us to prove the four elements of negligence: Duty, breach of duty, causation, and harm. How we do this and the necessary evidence will depend on the type of incident and the facts of the case.
At Isaacs & Isaacs Personal Injury Lawyers, our in-house litigation team knows how to do this. We have more than $1 billion recovered for our clients. We handle wrongful death actions without any upfront costs or fees. In fact, you will pay no fees at all unless we win or settle your family’s case. Our initial consultations are also free, and there is no obligation to hire us unless you believe we are a good fit.
Deadlines Apply for Filing a Wrongful Death Action in Kenton County, KY
Kentucky has deadlines for filing a lawsuit against a negligent party. In personal injury cases, this includes:
- Ky. Rev. Stat. § 304.39-230 gives victims two years for car accident lawsuits
- Ky. Rev. Stat. § 413.140(1) offers one year in other types of personal injuries
A different deadline applies for suing in a wrongful death case. While these cases could settle outside of court, and a lawsuit may not be necessary, having the option provides a lot of leverage in negotiations. In addition, a lawsuit might be necessary to get a fair payout or to seek punitive damages.
Under Ky. Rev. Stat. § 413.180, the personal representative or another qualified party representing the estate generally has up to one year from the victim’s death or one year from their being named the personal representative to sue. This time cannot go beyond two years past their date of death, even if there are other delays.
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Get a Free Consultation With Isaacs & Isaacs Personal Injury Lawyers Today
You can speak with a wrongful death attorney from Isaacs & Isaacs Personal Injury Lawyers for free today. We provide case reviews for the family members of those hurt or killed in an Elsmere, Kentucky, wrongful death incident. We may be able to help you build a case and get justice. A financial recovery may be possible.
Contact us today to get started. We have attorneys and paralegals who speak Spanish, if this is easier for you.