Losing a loved one can leave you in grief and change every aspect of your life. You shouldn’t have to be alone as you make important legal decisions for your family. Our Kentucky wrongful death lawyers will help you take action and seek justice.
At Isaacs & Isaacs Personal Injury Lawyers, our team will do everything necessary to investigate what happened to your loved one and hold the responsible parties accountable. Our attorneys will seek full compensation that addresses your family’s financial and intangible losses. You don’t have to pay anything upfront to begin your case.
Wrongful Death Damages Available in Kentucky
Wrongful death refers to any situation where negligence, an intentional act, or a defective product led to someone’s passing. Kentucky allows family members who lost a loved one to recover compensation for specific damages. These damages include:
- Funeral and burial expenses
- Medical bills for your loved one’s care before their passing
- Punitive damages in the case of gross negligence
- Pain and suffering experienced by your loved one before they passed away
- Loss of income due to your loved one’s death
- Loss of consortium for things like companionship, love, affection, and sexual relations with your spouse or partner.
In addition, Kentucky law provides for punitive damages when the defendant acted with “malice.” Malice is defined as “conduct which is carried out under circumstances that indicate a reckless disregard for the safety of others” or conduct that was “carried out intentionally and without just cause or excuse.”
Our team of compassionate lawyers can help you better understand what is wrongful death and what damages you may receive. For example, punitive damages are awarded only in rare cases of extreme negligence.
Who Can Recover Compensation from a Wrongful Death Lawsuit?
In Kentucky, any compensation secured through a wrongful death lawsuit will be split among the following family members:
- Surviving spouse
- Surviving children (including adopted children)
- Surviving parents
- The deceased person’s estate would be distributed according to state laws if there were no surviving relatives.
We can tell you more about who can seek wrongful death settlements and compensation for losses during your initial consultation.
What Are the Damages Available in a Wrongful Death Claim?
The amount of financial compensation you recover depends on many case factors, including:
- The age and health of your loved one
- Whether you had an existing relationship with your loved one
- Whether they left behind dependents
- The extent of your loss and whether your loved one was working at the time of their death
Our experienced wrongful death lawyers can help you evaluate these factors and advise you on the best course of action.
How Our Attorneys File a Wrongful Death Lawsuit in Kentucky
When you file a lawsuit, you are empowered to demand information that nobody is obliged to give you outside of a civil lawsuit. Our aggressive legal team acting on your behalf can:
- Subpoena witnesses to testify under oath at a deposition and trial: We’ll subpoena witnesses to appear at depositions and court hearings so we can get answers to questions about how your loved one died.
- Request documents from third-party companies and individuals: We’ll request records from medical providers, insurance companies, and anyone involved in your loved one’s treatment.
- Demand all records relevant to the case and inspect physical evidence: We’ll ask for all records related to your loved one’s injury or illness before death.
- File motions to compel discovery: Sometimes, it’s important to know what other people know about your loved one’s injuries or illnesses. To obtain this information, we’ll file motions to compel discovery.
- Take pictures of the scene of the accident: For example, we take photos of the scene when we’re investigating a fatal car crash. This helps us determine if another driver caused the collision.
- Collect witness statements: If we have reason to believe that another party is responsible for your loved one’s death, we’ll gather witness statements from those who saw the event unfold.
- Question witnesses under oath: When we interview witnesses, we often ask them questions under oath. This allows our attorneys to cross-examine witnesses and challenge their credibility.
We can conduct our case for wrongful death damages in addition to any pending criminal case against the defendant. However, in some instances, evidence uncovered during the discovery phase of a wrongful death suit has led to criminal charges.
Handling the Out-of-Court Settlement Process
While some cases will go to trial, we can often seek an out-of-court settlement in many situations. We could receive a settlement offer from the liable party at any point in the case – before a wrongful death lawsuit is filed, during pre-trial proceedings, or after we’ve reached the courtroom.
Our team is prepared to manage all communication with insurance companies and help you negotiate the best possible settlement. We can continue to civil court if the liability insurer does not make a fair offer.
On the other hand, remember that it is always your decision to accept an offer. We understand that you need to do what’s best for your family. We will keep you updated throughout your case and help you make these important decisions.
We Can Help You With Many Types of Wrongful Death Cases
A wrongful death case may result from many different types of accidents. We can help you in many of these situations, including:
- Car accidents
- Truck accidents
- Bicycle accidents
- Motorcycle accidents
- Rideshare accidents
- Autonomous vehicle accidents
- Pedestrian accidents
- Slip and fall incidents
- Medical malpractice
Wrongful death claims are also common following natural disasters like floods, hurricanes, tornadoes, earthquakes, wildfires, and more. Our lawyers have handled hundreds of wrongful death cases involving these events, and we may be able to help you with cases beyond those listed here.
Our Wrongful Death Law Firm Will Fight to Obtain Justice
At Isaacs & Isaacs, we are not afraid to stand up to big companies and demand accountability and justice in these cases.
We help grieving family members obtain a sense of justice and closure in wrongful death actions, helping many to secure the financial resources they need to go forward and rebuild their lives. We’ve had hundreds of case victories for families who lost loved ones to negligence, and we will fight hard to seek maximum compensation for your suffering.
Additionally, we are on-call around the clock to be there for you in your legal emergency. You can call us day or night for your free case review.
Isaacs & Isaacs Personal Injury Lawyers Will Bear the Cost of Investigation and Litigation for You
The process of a civil lawsuit can be very expensive, including the investigation process. However, you won’t owe us anything until and unless we win your case or obtain a fair and just settlement.
We work based on contingency fees, so you don’t have to worry about paying upfront fees like retainers. We want you to get the legal representation you need without the strain of paying from your family’s savings to do so.
Statute of Limitations for Kentucky Wrongful Death Lawsuits
In Kentucky, there is a one-year limit from the date of death or one year from the appointment of a personal representative to file a lawsuit, per Ky. Rev. Stat. § 413.180. Waiting until the time limit is about to expire may not be a good idea. In that time, the defendant may find ways to build a strong defense and avoid liability for wrongful death.
We realize that contacting an attorney may be the last thing you want to do now. However, the sooner you do, the faster your attorney can begin a thorough investigation into the cause of your family member’s death before:
- Evidence is altered or disappears completely
- Witnesses forget what they saw or move away
- Insurance adjusters try to settle out of court
- You lose valuable evidence and witnesses
Call Isaacs & Isaacs Personal Injury Lawyers Today for a Free Case Review
Our wrongful death lawyers are aggressive and thorough in investigating and litigating for families who lost a loved one to a fatal injury. We want to hold wrongdoers accountable and seek the compensation your family deserves during this difficult time.
Let us review your case for free and tell you how we can help. Our compassionate team is standing by to take your call anytime, 24/7.