If you have lost someone through an accident caused by someone else’s negligence, you could be entitled to receive monetary damages by filing a wrongful death claim. Our Nicholasville wrongful death lawyers will support you through the process of bringing a claim and fight for the compensation you and your family deserve.
Isaacs & Isaacs Personal Injury Lawyers understands no amount of financial damages can make up for the sudden loss of your loved one, and this is a most painful and challenging time for you. However, you deserve justice for what happened and answers to your questions. Further, compensation can be necessary if the deceased contributed financially to the household or provided care and assistance to dependents.
Our Lawyers Act for Families Who Lost a Loved One Due to Negligence
Our Nicholasville wrongful death lawyers support families affected by the tragic loss of a loved one who died due to the negligence of another person or organization. Our injury firm can help in many different types of circumstances that may give rise to a wrongful death claim, such as:
- Road traffic accidents involving cars or trucks
- Accidents in the workplace or other places outside of the home
- Claims involving negligent medical treatment
- Claims involving premises liability, such as slip and fall accidents
- Wrongful death caused by improper care of an older adult due to nursing home abuse or neglect
- Claims involving dangerous or defective products or prescription drugs
Our wrongful death lawyers are committed to providing you with compassionate support and aggressive legal representation at this difficult time. With over 400 years of combined experience to draw upon and having recovered $1 billion dollars in compensation for our clients, we manage every aspect of your case so that you can focus on healing.
Who Can Make a Wrongful Death Claim?
In Kentucky, wrongful death claims can only be made by the personal representative of the deceased’s estate. This is typically a spouse or the person named as the executor in the deceased person’s will. If there is no will, the court will appoint someone to act as a representative.
Any compensation secured through a wrongful death lawsuit is then split between family members as follows:
- A surviving spouse with no children receives the entire award; otherwise, it is split equally between the spouse and children.
- The surviving children receive the entire award if there is no surviving spouse.
- If there is no surviving spouse or children, the surviving parent or parents receive the entire award.
- If there is no spouse, children, or parents, the award goes to the deceased’s estate, where any debts are paid with the remaining amount awarded to individuals named in the deceased’s will.
How Long Do I Have to File a Lawsuit?
Kentucky statute of limitations (effectively a time limit that determines how long you have to file a lawsuit) allows one year for the executor of the will to file a wrongful death lawsuit. However, this timeframe may be extended to two years if it takes longer than a year for a personal representative to be appointed per Ky. Rev. Stat. § 413.180.
For a free legal consultation with a wrongful death lawyer serving Nicholasville, call 800-333-9999
Recoverable Losses in a Wrongful Death Lawsuit
The amount of damages received in a wrongful death claim varies on a case-by-case basis and will depend on the specifics of your situation. However, we carefully consider the following types of damages when we assess a client’s losses in a wrongful death lawsuit:
- Burial and funeral expenses
- Medical bills before the victim’s passing
- Compensation for the pain and suffering suffered by the victim
- Loss of financial support
- Loss of care, companionship, support, and parental leadership
- Reimbursement for future income the victim would have earned had they lived
- Punitive damages in some cases involving gross negligence or misconduct
Nicholasville Wrongful Death Lawyer Near Me 800-333-9999
How to File a Wrongful Death Lawsuit in Nicholasville
When you file a wrongful death lawsuit, you will need to prove that the defendant caused the loss of your loved one through negligence, recklessness, misconduct, or willful actions. As such, we will need to demonstrate the following elements to hold the liable party or parties accountable for what happened:
- The potentially responsible party acted in a negligent or wrongful way
- The negligent or wrongful act resulted in injuries
- The injuries resulted in the death of your loved one
- Your loved one’s death resulted in damages, including financial loss
Our firm has more than twenty years in practice and has helped thousands of victims of negligence through extremely tough times. We go the extra mile to do what is best for our clients and always put their needs first.
Seeing the emotional suffering, financial pressure, and uncertainty about the future families go through in the aftermath of a loved one’s sudden death drives us to fight for the justice and compensation our clients deserve.
We Will Pursue the Answers You Deserve
To prove the elements listed above, we will seek answers to your questions by investigating what happened to your loved one while gathering the evidence required for a robust case. The process typically involves:
- Subpoenaing witnesses to testify under oath and question them under oath
- Demanding information from liable parties and other sources that may be challenging to access outside of a civil lawsuit
- Calculating your financial damages
- Negotiating for a fair and just settlement out of court
- Taking your case to trial if an insurer does not agree to a reasonable offer
Let Our Lawyers Shoulder the Legal Responsibility, So That You Can Focus on Healing
If your loved one died due to the negligence or misconduct of another person or organization, contact Isaacs & Isaacs Personal Injury Lawyers for legal guidance and support. Learn more about filing a wrongful death case in Jessamine County and your legal options by calling for a free consultation with our team today.