The death of a loved one can have a wide range of consequences for family members. Not only is the pain that comes with such a loss difficult to bear, but a death in the family can also lead to financial difficulties.
When an individual or entity causes the death of another person, whether by accident or on purpose, the deceased’s surviving family members may wish to consult a Lexington wrongful death lawyer about filing a wrongful death claim.
Are You Eligible for Compensation Following the Wrongful Death of a Loved One?
You may be eligible for compensation for wrongful death if you believe that a specific person or entity is responsible for your loss. Your Lexington wrongful death lawyer will work to prove that the at-fault party caused your loved one’s death because of their carelessness, refusal to act in a prudent manner, or misbehavior.
If your attorney can prove the other party’s guilt, you may be entitled to receive a settlement for one or more of the following damages:
- Loss of income and benefits: If your loved one was employed prior to their death, then you may be able to recover their lost wages and any pension or retirement benefits.
- Medical expenses: Medical bills are often expensive after someone has died. In some cases, medical providers may not accept responsibility for these costs unless they are paid directly by a third party. A wrongful death lawsuit could help pay for your loved one’s costly medical bills.
- Loss of companionship: When a loved one dies, it can leave behind relatives who miss them dearly. These people may feel as though they have been robbed of something valuable. They may also suffer from depression and anxiety due to this loss. A wrongful death lawsuit can provide compensation for the loss of companionship.
- Pain and suffering: This damage includes physical injuries, emotional trauma, and mental anguish. It can include the grief and sorrow felt by those left behind when a loved one dies.
- Punitive damages: Punitive damages are designed to punish wrongdoers and deter future misconduct. This type of award is usually reserved for egregious situations where there is clear evidence that the defendant acted maliciously or recklessly.
- Pecuniary losses: Pecuniary losses include funeral expenses, burial costs, and other out-of-pocket expenses related to the death of your loved one.
- Property damage: Property damage refers to property owned by the victim before they died. This type of damage includes things like cars, homes, and businesses.
For a free legal consultation with a wrongful death lawyer serving Lexington, call 800-333-9999
Lexington Wrongful Death Caused by Negligence
You can file a wrongful death claim on behalf of your loved one if they die due to a negligent party’s actions or failure to act.
You must prove that the defendant directly caused the injuries that led to the death of your family member. For example, if a child is killed when struck by a car driven by a drunk driver, the parents could bring a wrongful death action against the drunk driver.
You must also show that the defendant acted negligently. To do so, you must prove that the defendant failed to use reasonable care in performing their duties.
You and your legal team must demonstrate that the defendant breached the duty of care owed to your loved one. A breach of duty means that the business owner or negligent driver did something they should not have done.
For example, if you hire a contractor to build your home, you expect them to perform work safely. If the contractor were to injure your family member while working on your house, you could hold them liable.
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Should You Accept an Insurance Settlement Offer?
When your insurance company offers a settlement soon after a loved one dies, you may want to think twice before accepting immediately. There are several reasons why you should consider waiting until you speak with a Lexington wrongful death lawyer first.
- Insurance companies offer settlements quickly, so they do not have to spend time and money on litigation. However, this means they may try to settle for less than what you deserve.
- The amount offered by your insurance company will likely be too low for your needs. If you accept the offer without consulting a Lexington wrongful death lawyer, you will likely pay more in legal fees later.
- If you accept the offer, you may lose your chance of receiving additional compensation. Your insurance company may decide to drop its case if you agree to take the settlement.
- You may need to hire a Lexington wrongful death lawyer to represent you in court. An experienced lawyer knows how to negotiate with insurance companies and maximize your chances of winning.
However, even if you decide to take the insurance company’s settlement offer, you should still consult with a Lexington personal injury lawyer about whether you’re getting a fair deal.
If you’ve already accepted an insurance company’s settlement offer and now regret doing so, you may be able to file a motion to set aside the settlement. This motion will allow you to present new evidence in court that was unavailable when you signed off on the settlement.
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Potential Causes of Wrongful Deaths
There are many types of accidents and other circumstances that may lead to wrongful deaths, such as:
- Car accidents: Car accidents often involve drunk drivers, distracted drivers, speeding drivers, reckless driving, and other negligent actions. In some cases, car accidents occur because someone else is responsible for causing the accident.
- Medical malpractice:Medical negligence occurs when doctors fail to diagnose illnesses or perform procedures properly. Some medical errors cause permanent harm or death.
- Product liability: Product liability lawsuits arise when defective products injure or kill people. If this happens, manufacturers must provide free replacement parts or repair services. If a product does not meet its intended purpose, it could cause injury or death. For example, a faulty toy can cause a child to choke.
- Workplace accidents: Workers’ compensation laws protect employees who suffer work-related injuries or illnesses from being sued by their employers. These laws also require employers to pay workers’ compensation benefits to injured employees. Other workplace accidents include those caused by unsafe working conditions, dangerous equipment, and inadequate safety training.
- Bicycle accidents: Bicycle accidents are among the most common causes of fatal traffic crashes involving young people. Young riders are especially susceptible to bicycle accidents because they lack experience riding safely.
- Pedestrian accidents: Pedestrians are particularly vulnerable to motor vehicle accidents. They are more likely than motorists to be killed or seriously injured in an accident.
- Construction site accidents: Construction sites are dangerous places where workers face numerous risks. Fatalities can happen during construction projects, including construction site accidents related to improper use of heavy machinery, poor road design, and poor supervision.
- Trucking accidents: Trucking accidents happen all over the country due to driver fatigue, drug abuse, or alcohol consumption. Many of these accidents involve large commercial vehicles carrying hazardous materials. When these accidents do not result in an immediate fatality, they can have long-lasting effects on victims and their families.
- Slip and fall accidents: Fatal accidents through slip and falls happen when a person trips and falls while walking or standing on a floor surface. For instance, a traumatic brain injury (TBI) or spine injury can occur if there is a defect in the floor surface, such as a hole or uneven patch.
- Dog bites: Dog bites can cause severe injuries or even death. The dog owner can be held liable for damages resulting from a dog bite.
- Nursing home abuse: Nursing homes are required to provide adequate care to residents. However, nursing home abuse can lead to neglect, which can cause physical pain, emotional distress, and even fatalities.
Sometimes, it may be difficult to determine exactly what caused a person’s death. In these instances, a Lexington wrongful death attorney may be able to help you identify the potential cause of your loved one’s death.
Wrongful Death Claims Against Businesses
Businesses are legally liable for damages resulting from their negligence. Owners can be held accountable for the acts or omissions of their employees, contractors, and subcontractors.
Any entity you or a loved one conducts business with should take steps to prevent wrongful death accidents that may occur due to their negligence. This includes hiring competent employees, providing adequate employee training, maintaining safe workplaces, and ensuring that their products are safe and reliable.
In addition, company owners should maintain accurate records of incidents that may lead to a claim. These records could include maintenance logs, safety inspections, or incident reports.
Wrongful Death Claims Against Public Entities
Public entities, including cities, counties, states, and federal agencies, are also responsible for the negligent actions of their employees. You can sue these institutions under state law or federal law.
State laws vary by state; however, most require public entities to pay for medical expenses and other costs associated with your loved one’s wrongful death.
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Determining Liability for Your Loss
Sometimes, the at-fault party is obvious, such as a drunk or distracted driver who causes a car accident. However, in other cases, who is at fault is less evident.
In the case of a defective vehicle or other product, the at-fault party may be a manufacturer or mechanic. Your loved one’s death may also have resulted from the action or inaction of an employee at a nursing home, a medical professional, or even a city or government entity.
Your lawyer can investigate all aspects of your case and determine who is at fault so you can seek justice.
Should You Hire a Wrongful Death Lawyer?
Filing a wrongful death insurance claim or lawsuit on your own may be difficult, especially if you are still mourning. When your loved one has been a victim of negligence, recklessness, or even purposeful actions, you may not even want to consider launching a wrongful death case while dealing with your grief and pain.
However, if you decide not to seek compensation for wrongful death, the financial strain might lead to debt or a reduction in your quality of life.
Presenting a wrongful death case demands a certain set of abilities and experience. If you lack this experience, hiring a wrongful death lawyer serving Lexington may be in your best interests.
Isaacs & Isaacs Personal Injury Lawyers
Your attorney and the staff at Isaacs & Isaacs Personal Injury Lawyers will work to seek a fair settlement on your behalf from the at-fault party’s insurance company. We can bring your lawsuit to court if they do not offer a fair settlement.
Our in-house litigation team will work tirelessly on your case. When you hire Isaacs & Isaacs personal injury lawyers, we will demonstrate that we care about getting you just compensation, no matter what it takes.
What Does It Cost to Hire a Lexington Wrongful Death Lawyer?
You are not required to pay your personal injury lawyer anything until we win or settle your case. Your litigation costs, including court fees, will be covered by our settlement percentage.
We work on a contingency-fee-basis, which means we only get paid if we earn compensation for you. The amount paid by the at-fault party determines the cost of a wrongful death case.
Isaacs & Isaacs Personal Injury Lawyers Have Helped Others Like You
An established law firm with over 400 years of combined legal experience, our team has safeguarded hundreds of clients from receiving unfair or no compensation.
We have obtained over $2 billion in settlements for our clients in Kentucky, Indiana, and Ohio. If English isn’t your first language, we have Spanish-speaking attorneys and paralegals ready to assist you with your case.
We also have a state-of-the-art simulated courtroom to better prepare our clients for potential legal proceedings.
We have helped many families of wrongful death victims earn compensation for their losses. At Isaacs & Isaacs Personal Injury Lawyers, our goal has always been to protect victims’ rights no matter what it takes.
Contact Isaacs & Isaacs Personal Injury Lawyers
While the time following a wrongful death may be filled with many choices and burdens, seeking compensation from the at-fault party may alleviate the financial strain of your loved ones’ death.
At Isaacs & Isaacs, PC, we know that money won’t bring your loved one back; however, it may help you provide for yourself and your family while you grieve — and achieve justice on their behalf.
Finally, you can rest easy knowing we will not charge you any fees or costs unless we win or settle your case. Please call or contact us online to schedule a free consultation with our law firm.
Call or text 800-333-9999 or complete a Free Case Evaluation form
