Isaacs & Isaacs Personal Injury Lawyers helps bereaved clients obtain the compensation they are entitled to while managing every aspect of the legal process. No amount of compensation can make up for the loss of a family member following a fatal accident caused by another’s negligence. However, financial damages are important to help bereaved families cope financially in the absence of their loved ones.
If you are reading this information because a loved one died in an accident caused by someone else, we are sincerely sorry for your loss. We know it is difficult to talk about making a claim, so we prepared the following information to help you understand a little more about the legal process involved with wrongful death. Allow our Murray wrongful death lawyer to represent you during this challenging time.
How Do I Prove a Wrongful Death Claim in Kentucky?
To be successful in your claim, you must prove that the person or organization who caused the accident resulting in your loved one’s death was negligent. Four elements count towards proving negligence:
- Another party acted in a negligent or wrongful way
- This negligent or wrongful act led to injuries
- These injuries led to the death of your loved one
- Your loved one’s death resulted in damages, including financial loss
To demonstrate these elements, your Murray wrongful death lawyer will provide a thorough investigation into the cause of the accident to determine who is liable and gather the evidence necessary to build a strong case. Examples of negligence in wrongful death cases could include:
Negligence Behind the Wheel:
- Driving while intoxicated
- Reckless driving
- Texting while driving or other forms of distracted driving
- Driving while fatigued
- Failing to yield to other road users or pedestrians
- Failure to provide proper safety training to employees
- Faulty or defective equipment, tools, or machinery
- Failing to install or maintain safety equipment
- Failure to maintain a safe working environment
- Violation of health and safety regulations
- Failure to adhere to established safety procedures
Premises liability fatalities are caused when a property owner or manager fails to maintain their premises and neglects their responsibility to safety. For example, if a person dies from a fatal slip and fall accident due to an unsafe condition on another’s property, this could be the basis of a wrongful death lawsuit.
- Birth and postnatal injury
- Surgical error
- Delay or failure to diagnose
- Treatment without consent
- Prescription medication errors
- Improper care and treatment of the elderly
Product manufacturers or any companies involved in designing an unsafe product may be held liable if their product results in a person’s death. Leading causes of product liability wrongful death lawsuits include design defects, manufacturing defects, and warning or labeling defects.
There are many other examples of negligence that can cause fatal accidents, so we may be able to help you with cases beyond those listed here.
For a free legal consultation with a wrongful death lawyer serving Murray, call 800-333-9999
What Financial Damages Are Available in a Murray Wrongful Death Lawsuit?
In wrongful death lawsuits, we can seek appropriate damages for your situation, which vary on a case-by-case basis, but can include:
- Medical expenses prior to your loved one’s passing along with compensation for any pain and suffering caused
- Burial and funeral expenses
- Loss of care, companionship, support, and parental leadership
- Loss of financial aid and reimbursement for future income and other work-related benefits
- Punitive damages in some cases if they involve gross negligence or misconduct
Our Most Recent Wrongful Death Case Results
$10 million settlement for wrongful death in a fatal semi-truck accident
$1.5 million settlement for wrongful death in a motorcycle accident
Murray Wrongful Death Lawyer Near Me 800-333-9999
How Can Our Wrongful Death Lawyer Help?
Our attorneys help by investigating the accident to get answers about what happened to your loved one and why. This is especially difficult in cases where liability is unclear, so we may utilize legal and investigative tools to uncover the facts and find out who is responsible. This process can involve:
- Accessing and analyzing documents and records that may not be obtainable outside of a civil lawsuit.
- Subpoenaing witnesses to testify and questioning witnesses under oath in a deposition and at trial.
- Hiring experts to evaluate the accident and provide testimony.
- Calculating your financial damages and other related losses.
- Negotiating for a fair and just settlement out of court.
- Representing you in civil court where necessary.
Additionally, our law firm offers a free initial consultation, and our legal services are provided on a contingency basis. This means there are no upfront fees or expenses for you to pay. Instead, we fund the cost of building and pursuing your claim, and you won’t owe us anything until and unless we win your case or obtain a fair and just settlement.
How Long Do I Have to File My Murray Case?
There is a time limit for filing a wrongful death lawsuit in Kentucky. Per Ky. Rev. Stat. § 413.180), a lawsuit must be filed with the court as defined in the state’s statute of limitations as follows:
- Within a year from the victim’s death, or
- Within a year from when an estate representative or administrator is appointed (but not to exceed two years from the date of death).
Regrettably, if you miss the deadline, it is unlikely you will be able to pursue the lawsuit, so we would always advise our clients to begin legal proceedings as soon as possible. However, there are also further advantages in acting sooner rather than later, for example:
- It allows your lawyer enough time to investigate the accident’s circumstances thoroughly.
- Early intervention can help secure, gather, and preserve the evidence required to prove your case in Calloway County.
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When You Have Been Wronged, Our Lawyers Fight to Make Things Right
If you believe your loved one’s accident was caused by the negligence of another person or organization, the attorneys at Isaacs & Isaacs Personal Injury Lawyers are here to support and guide you through the legal process.
With over 400 years of combined legal experience and more than twenty years in practice, our law firm has helped thousands of people during tough times and has recovered $1 billion dollars for our clients. To learn more about your legal options, call for a free consultation with a team member.