Having to file a lawsuit for the loss of a loved one can be devastating. When your family is trying to mourn your loss, the last thing you want to be dealing with is a difficult litigation process. However, your loved one deserves justice.
Make sure the liable party is held accountable to the fullest extent of the law. Take justice into your own hands with the help of a Glasgow wrongful death lawyer at Isaacs & Isaacs Personal Injury Lawyers. We offer free consultations.
When to Sue For a Wrongful Death in Glasgow
As with many personal injury claims, it may not always be clear whether you should file a wrongful death lawsuit in Glasgow. However, when your loved one’s death is caused by anything other than a natural act, you may have grounds for a wrongful death lawsuit.
Any death that occurs due to malpractice, negligence, intentional or willful ask, or accidental ask, may be grounds for a wrongful death lawsuit. If someone else is responsible for causing your loved one’s death, they should be held accountable.
For a free legal consultation with a wrongful death lawyer serving Glasgow, call 800-333-9999
Wrongful Death Claims Vs. Criminal Charges
One of the top questions surviving family members have when they lose a loved one is whether the liable party is going to face criminal charges. In criminal court, charges must be brought forward by the state’s prosecuting attorney. This will only be done if, after reviewing the evidence, the state’s prosecuting attorney determines that the evidence proves guilt beyond a reasonable doubt.
The outcome of a criminal case has no bearing on a civil case, though. Your Glasgow wrongful death attorney will still have to present evidence of another party’s negligence to pursue compensation.
Here, your family is seeking compensation from the liable party. You want to recover every single loss your family has had to deal with. Your attorney will need to prove liability based on a preponderance of the evidence to return a successful verdict in your case.
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Damages Awarded in Glasgow Wrongful Death Lawsuits
Your family has the right to maximum compensation for your damages. There are several economic and non-economic damages your family may be entitled to. Some of the more common types of economic damages awarded in Glasgow wrongful death claims include:
- Loss of income
- Diminished earning capacity
- Loss of inheritance
- Medical expenses
- Funeral and burial expenses
However, your family may also be entitled to compensation for non-economic damages which do not have a monetary value. Some non-economic damages your family may be able to recover include:
- Loss of love and companionship
- Loss of society and support
- Loss of guidance and advice
- Loss of household services
- Emotional pain and suffering
It is important to note that only specific family members may be able to recover damages in a Glasgow wrongful death claim. The decedent’s surviving spouse and children will receive any remaining damages after the estate has covered their costs.
However, if the decedent did not have a surviving spouse or children, their surviving parents would be awarded the remaining compensation. In the event the decedent did not have a surviving spouse, children, or parents, anyone blood related or related to the decedent by marriage could recover the remaining damages.
Kentucky Wrongful Death Laws You Need to Know
If you are going to be moving forward with a wrongful death claim in Glasgow, there are several wrongful death laws you will need to be aware of. Some of the most important include the statute of limitations, how shared fault works, and who has the authority to file the claim.
The Statute of Limitations
The amount of time you have to file your claim is set by the statute of limitations. If the decedent’s personal representative has been appointed within one year of their death, the status of the meditations will expire one year from the date the personal representative is appointed.
However, if the personal representative of the decedent’s estate is not appointed until after one year has passed following the decedent’s death, the statute of limitations will expire two years following the date of the decedent’s death.
Kentucky’s Shared Fault Laws
Kentucky operates under a pure comparative negligence system. You can expect the defendant to argue the decedent shared liability for their fatal injury. If successful, the amount of compensation your family could be awarded could be reduced by the decedent’s portion of fault.
Your Kentucky wrongful death attorney can give you a better idea of how this could impact your wrongful death claim when you contact us to discuss your concerns further.
The Authority to File the Claim
To file a wrongful death lawsuit, the decedent’s personal representative must file the claim. However, if the decedent was unable to assign a personal representative of their estate, the Kentucky civil courts can appoint one.
If the decedent passed away due to a deadly weapon, the decedent’s surviving spouse and children will have the right to file the claim without requiring a personal representative.
If the decedent who passed away was a minor, the parents can file a wrongful death claim alongside the decedent’s personal representative. If you are not sure whether you have the right to file a wrongful death claim in Glasgow, be sure to contact our office to find out what your next steps could be.
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Reach Out To the Office of a Wrongful Death Lawyer in Glasgow for Help Today
If you have reason to believe your loved one’s death could be considered wrongful, and you are interested in learning more about what legal options may be available to you, reach out to a Glasgow wrongful death lawyer at Isaacs & Isaacs Personal Injury Lawyers.
Call for your no-cost, risk-free consultation. Y can also fill out our online contact form.