Accidents happen every day, sometimes through no fault of our own. When these accidents result in severe and fatal injuries, those responsible should be held accountable for the harm they cause.
If your loved one suffered a fatal injury in Lyndon, Isaacs & Isaacs Personal Injury Lawyers can help you seek justice. Our Lyndon wrongful death lawyers can pursue compensation for your loved one’s final medical treatment and other losses. While these awards cannot take away your grief, they can ensure you have the resources to settle your loved one’s estate without jeopardizing your family’s financial future.
Wrongful Death in Kentucky
According to Ky. Rev. Stat. § 411.130, if your loved one died because of an injury caused by negligence or the wrongful act of another party, you can recover damages associated with their fatal accident. It may be helpful to think of a wrongful death case as a personal injury action taken on behalf of a deceased party.
A study by the Kentucky Injury Prevention and Research Center and other public health agencies found that 3,907 Kentuckians died from accidental injuries in 2019. The leading causes of injury included falls, motor vehicle accidents, and drug poisoning (including prescription and illegal drugs). Our attorneys can assist with wrongful death cases involving:
- Motor vehicle accidents, including car, truck, and bus crashes, pedestrian accidents, bicycle accidents, and motorcycle collisions
- Medical malpractice, including medication errors
- Premises liability issues, including slip and falls and dog bite injuries
- Defective products, including harmful and recalled medical devices and drugs
- Workplace accidents, including those involving workers’ compensation claims
- Nursing home abuse, including physical injuries and neglect
For a free legal consultation with a wrongful death lawyer serving Lyndon, call 800-333-9999
Who Can Receive Wrongful Death Damages?
Kentucky’s wrongful death statute is specific about who can collect compensation. First, the state does not allow family members of the deceased to file a lawsuit. Instead, your loved one’s personal representative, sometimes called an executor, must pursue legal action on behalf of the estate and surviving family members. There are two exceptions to this rule:
- Ky. Rev. Stat. § 411.150 allows a surviving spouse and minor children to file suit if their loved one’s death resulted from “wanton or malicious use of a deadly weapon, not in self-defense.”
- Ky. Rev. Stat. § 411.135 allows the parents of a deceased minor child to file suit jointly with the personal representative.
The wrongful death statute also states that any damages recovered will be distributed to surviving family members in the following order:
- If the deceased has a surviving spouse but no children, the spouse receives the entire sum.
- If the deceased leaves a surviving spouse and children, half of the awards go to the spouse and half to the children.
- If the deceased has children, but no surviving spouse, the entirety of the damages go to the children.
- If there is no surviving spouse or children, compensation goes to the deceased’s parents.
- If there is no surviving spouse, children, or parents, the estate recovers all awards, which are then distributed according to the deceased’s will or equally among qualifying next of kin.
Lyndon Wrongful Death Lawyer Near Me 800-333-9999
Our Lyndon Attorneys Will Fight for Fair Compensation
Kentucky wrongful death awards may include:
- Medical bills – We can recover compensation for medical treatment related to your loved one’s fatal injury, including emergency transportation and treatment, hospital stays, medical procedures, and palliative care.
- Funeral and burial expenses – We can pursue the cost of your loved one’s funeral or memorial, burial or cremation, urn, casket, plot, or other end-of-life expenses.
- Loss of financial support – We can seek compensation for lost wages from the time of your loved one’s injury until death. We can also pursue the value of earnings they may have saved had they lived.
- Pain and suffering – We can seek awards for your loved one’s conscious physical pain, mental anguish, and emotional suffering.
- Punitivedamages – Kentucky allows punitive damages for wrongful deaths caused by gross or willful negligence. These damages are meant to punish the negligent party and deter others from acting similarly in the future.
Some family members may pursue additional awards for the loss of their loved one’s companionship and guidance. For example, parents of a minor child may recover compensation for the loss of their child’s affection and companionship.
Additionally, Ky. Rev. Stat. § 411.145 gives a surviving spouse the right to seek compensation for loss of consortium. This may include awards for the loss of the deceased’s services, assistance, companionship, and conjugal relationship.
Isaacs & Isaacs Personal Injury Lawyers Will Handle Your Wrongful Death Case
One way you may be able to collect wrongful death damages is through an insurance claim. However, if insurance is not an option for securing a fair settlement, we can take legal action against the liable party. Either way, you will need to prove that your loved one’s fatal accident resulted from negligence and led to financial losses. Our team can do this using:
- Cell phone or surveillance footage of the fatal accident
- Photographs and physical data from the scene
- Eyewitness statements
- Police or accident reports
- Medical records and expert medical testimony
- Receipts, bills, and other records of accident-related expenses
Our lawyers serving Lyndon will handle every aspect of your claim so that you can focus on healing from your loss. We will file paperwork, communicate with the insurance company, and negotiate for the highest available settlement.
If legal action is necessary to secure the awards you deserve, we will file your case before Kentucky’s statute of limitations expires. According to Ky. Rev. Stat. § 413.180, you have one year from the time of your loved one’s death to file suit. If the court needs to appoint a personal representative, you have one year from the appointment date, not to exceed two years from the date of death.
Call Our Offices to Get Started on Your Case Today
To learn more about how our Lyndon wrongful death lawyers can take your case for no upfront fees or costs, reach out to a member of our team. We provide free, no-obligation case evaluations.