No one is ever prepared for a traumatic loss. Unfortunately, when the death of a loved one shakes up your world, you may be left feeling devastated, confused, and anxious to bring the culpable party to justice.
With help from an Erlanger wrongful death lawyer at Isaacs & Isaacs Personal Injury Lawyers, you could focus on mourning your loss while we handle the legal details of your case. Contact our office for a free consultation today and learn more about what to expect from your wrongful death claim in Erlanger.
Do You Have Grounds For a Wrongful Death Claim in Erlanger?
Wrongful death claims are similar to personal injury claims in Erlanger. This is because they are often brought forward when someone who has passed away from their injuries they have otherwise had the right to file a personal injury lawsuit.
Wrongful deaths occur when the defendant willfully, intentionally, accidentally, negligently, or otherwise is responsible for causing the death of another.
For a free legal consultation with a wrongful death lawyer serving Erlanger, call 800-333-9999
Will the Defendant Face Criminal Charges?
It is difficult to say whether the defendant will face criminal charges for your loved ones’ deaths. The state’s prosecuting attorney will analyze the evidence in your case to determine how to best approach any criminal charges that may need to be filed. If the evidence can prove guilt beyond a reasonable doubt, the state may move forward with its case.
If convicted, the defendant could face jail or prison time, fines, community service, registration as a sex offender, and other criminal penalties. However, civil cases are different.
If the defendant is found liable, they will be compelled to compensate the decedent’s surviving family members and financial dependents for their loss.
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Kentucky Wrongful Death Laws
Every state has strict laws regarding wrongful death claims. Kentucky is no different. If you are interested in filing a lawsuit for a wrongful death in Erlanger, there are specific wrongful death laws you need to be aware of. Here’s more about the statute of limitations and who has the right to file the claim:
The Statute of Limitations
The statute of limitations for wrongful death claims in Kentucky is often complex. You will either have one year from the date the decedent’s personal representative is appointed or asserted or two years from the date of the decedent’s passing if the personal representative is not named until more than one year has passed, to file your wrongful death claim.
If your claim is not filed before the statute of limitations runs out, you will no longer have the right to have your case heard by a judge or jury. You can get the clarity you are looking for when you contact a wrongful death lawyer in Erlanger.
Authority to File the Claim
In many states, the decedent surviving family members will have the right to file the wrongful death lawsuit. However, Kentucky is different. Under Kentucky wrongful death laws, they decedent’s personal representative has the authority to file the wrongful death claim.
However, If the deceased person was a minor, the minor’s parents may join the personal representative as part of the wrongful death lawsuit. If the decedent’s death was caused by a deadly weapon, the decedent’s surviving spouse and children also have the authority to join the personal representative’s wrongful death claim.
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Hold the Liable Party Accountable
Your family has the right to be compensated for all of the ways your lives have been affected by the loss of your loved one. Wrongful death claims in Kentucky are similar to personal injury claims in that you will have the right to recover compensation for the decedent’s damages as well as those of your family.
Some of the different types of losses you could recover as part of your Erlanger wrongful death claim include:
- Funeral and burial expenses
- Medical expenses
- Loss of income
- Loss of companionship and love
- Loss of society and support
- Loss of advice and guidance
- Loss of comfort
- Loss of household services
- Diminished earning capacity
Our Kentucky wrongful death lawyers can negotiate for fair compensation or represent your case in court.
How Damages Are Awarded
When your Erlanger wrongful death lawsuit is successful, damages are divided based on a specific system. First, the decedent’s personal representative will be awarded compensation to cover the decedent’s funeral and burial expenses, debts, and other administrative costs. Any remaining damages will be awarded to the deceit and surviving family members.
However, the types of family members who have the right to be awarded damages can vary. For example, if the decedent had a surviving spouse, the surviving spouse would receive all of the remaining damages, unless the decedent had children. In that case, the surviving spouse and children would split the remaining damages evenly.
If the decedent did not have a surviving spouse but did have surviving children, the children would receive the remaining damages. If the decedent does not have a surviving spouse or surviving children, the decedent’s surviving parents would be awarded the remaining damages. If no such family members apply, the personal representative of the decedent’s estate will retain the remaining damages.
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Work With an Erlanger Wrongful Death Attorney Today
The wrongful death claims process can be overwhelming. When you have the legal guidance and support of an Erlanger wrongful death lawyer at Isaacs & Isaacs Personal Injury Lawyers, your family can seek justice for the death of your treasured family member.
Get help making the liable party pay when you contact our office for a no-cost, risk-free consultation. Fill out our quick contact form or call our office to get started.
Call or text 800-333-9999 or complete a Free Case Evaluation form
