Losing a loved one or a family member is never easy. When you discover that your loved one’s death was caused by the actions of another, you may be confused and wondering what your next steps should be.
Fortunately, a Fort Thomas wrongful death lawyer at Isaacs & Isaacs Personal Injury Lawyers can help you can get justice. You can discuss your legal options during a free consultation.
When to File a Wrongful Death Lawsuit in Fort Thomas
After everything your family has been through, it may still not be clear whether you have the right to file a lawsuit for your family member’s death. For a death to be considered wrongful under Kentucky law, the death must be the cause of someone else’s actions.
These actions can be negligence-based, malpractice-based, intentional, willful, accidental, or otherwise. If another party is responsible for the death of someone else, the liable party can be compelled to compensate the family accordingly.
However, your lawyer will need to prove liability based on a preponderance of the evidence if your family hopes to recover the compensation you deserve and bring the at-fault party to justice.
The best way to find out what legal options are available to you and your family is to contact a compassionate wrongful death attorney in Fort Thomas for support and guidance.
For a free legal consultation with a wrongful death lawyer serving Fort Thomas, call 800-333-9999
Fort Thomas Wrongful Death FAQ
Pursuing justice in a wrongful death lawsuit can be traumatic and complex. You may have many unanswered questions regarding the claims process, who is responsible, and what to expect next.
With this in mind, we have answered some of the most frequently asked questions surrounding wrongful death claims in Fort Thomas below. If you should have additional questions we do not cover on this page, we can provide a free consultation to discuss your concerns.
When Do Wrongful Death Claims Go to Court?
Although it is possible that you could settle outside of court with a liable party or the insurance company, we are prepared to take legal action if necessary. Insurance settlements often only cover compensation for certain types and amounts of damages.
Settlements may fail to meet the needs of the decedent’s family. Our Kentucky wrongful death attorneys can help you file a wrongful death lawsuit and represent you, even if your case goes to trial.
Who Can File a Wrongful Death Lawsuit in Fort Thomas?
Under Kentucky law, there are only specific parties who have the right to file a wrongful death lawsuit. Generally, only the decedent’s personal representative has the authority to file a wrongful death claim. This party could be anyone the decedent appointed to advocate for their rights following their incapacitation or death.
However, if the decedent did not assign someone to represent their estate, the courts can appoint a personal representative as necessary. There are also a couple of exceptions to this rule.
If the decedent’s death was caused by a deadly weapon, the decedent’s surviving spouse and children may be able to file a claim without needing the approval or permission of the decedent’s personal representative.
It is also important to note that if the decedent was a minor, the child’s parents may be able to join the wrongful death claim, as long as it is initially filed by the decedent’s personal representative.
How Long Do You Have To File Your Lawsuit?
Under Kentucky law, you must file a wrongful death lawsuit before the statute of limitations expire. However, the wrongful death statute of limitations is particularly complex in Kentucky. Two different potential deadlines may apply to your case.
The statute of limitation could expire one year from the date the decedent’s personal representative is appointed. However, this is only true if the personal representative is appointed less than one year from the date of the decedent’s death. If the personal representative is appointed more than one year from the date of the decedent’s death, the statute of limitations can expire two years from the date of the decedent’s death.
If you are confused by how the statute of limitations works in Kentucky wrongful death claims, you are not alone. Fortunately, your wrongful death attorney in Fort Thomas has extensive knowledge and experience in this area of the law.
Is the Defendant Going To Go to Jail?
The defendant might go to jail, but a criminal case has no bearing on a civil case. Your Fort Thomas wrongful death attorney still has to present evidence that demonstrates their negligence.
How Are Wrongful Death Damages Paid Out?
Only specific parties have the right to be compensated via a wrongful death award. The decedent’s estate will be awarded compensation for all of their administrative costs, attorneys fees, funeral and burial expenses, medical expenses, and other estate matters.
However, the remaining damages can be distributed amongst family members. The specific family members that have a right to compensation can vary depending on which relatives the decedent has.
For example, if the decedent had a surviving spouse but no children, the surviving spouse should receive the entire remaining amount of damages. However, if the deceased had no surviving spouse and no surviving children, their parents could be compensated.
These are just a couple of examples. You can find out more about who has the right to damages in your wrongful death claim when you contact your attorney.
Fort Thomas Wrongful Death Lawyer Near Me 800-333-9999
Work With a Wrongful Death Lawyer in Fort Thomas Today
When you’re ready to take action against the individual or entity responsible for causing your family member’s death, a Fort Thomas wrongful death lawyer at Isaacs & Isaacs Personal Injury Lawyers is here to help.
Our firm is proud to offer no-cost, risk-free consultations to the families of wrongful death victims across Fort Thomas and surrounding cities. Take advantage of this opportunity and call our office or complete our convenient contact form.