The pain of losing a family member is crushing, especially following a wrongful death. Devastated families suddenly face a different and uncertain future in their loved one’s absence and want to understand what happened and why.
If you feel another party’s negligence or misconduct caused your loved one’s death, the Owensboro wrongful death lawyers at Isaacs and Isaacs Personal Injury Lawyers are here to support you and help you determine whether you can pursue compensation for your loss. We will fight to hold liable parties accountable for their actions and get you the answers and compensation you deserve.
Who Can File a Wrongful Death Lawsuit?
Only the personal representative or named executor of the will can file a wrongful death lawsuit in Kentucky. A named executor is typically a spouse or adult child of the deceased. If there is no will or named executor, the court will appoint a personal representative.
How Do I File a Wrongful Death Lawsuit?
Our attorneys will take on the legal responsibility of managing every aspect of your case by:
- Investigating the cause of the incident
- Gathering and preserving information, records, and other evidence to prove your case
- Collecting witness statements and questioning them under oath
- Calculating the financial impact of your loved one’s passing
- Negotiating for an appropriate settlement
- Representing you in civil court when necessary
Whatever the reason for your family member’s death, our wrongful death attorneys will carefully investigate the cause of the accident and build a case to hold the liable parties accountable for their negligent behavior.
For a free legal consultation with a wrongful death lawyer serving Owensboro, call 800-333-9999
How Is Compensation in a Wrongful Death Claim Calculated?
Compensation awarded in a wrongful death claim varies from case to case. However, we typically pursue the following damages for our clients:
- Funeral and burial expenses
- Medical bills incurred prior to your loved one passing
- Pain and suffering
- Loss of financial support, care, and companionship
- Loss of parental leadership
- Reimbursement for future income and other work-related benefits
- Punitive damages if the case involves gross misconduct or negligence
Per Kentucky law, wrongful death compensation distribution is as follows:
- Surviving spouse, no children: The entire award goes to the spouse.
- Surviving spouse and children: The spouse receives half of the award; the children receive the other half.
- No surviving spouse: Children divide the entire settlement or award among themselves.
- No surviving spouse or children: The decedent’s parents receive the award.
- No surviving spouse, children, or parents: The estate receives the settlement or award.
How Long Do I Have to File a Lawsuit?
The statute of limitations in Kentucky defines how long you have to file a wrongful death lawsuit. Per Ky. Rev. Stat. § 413.180, the decedent’s personal representative must file within one year. However, this timeframe can be extended to two years if appointing a personal representative takes longer than one year.
Owensboro Wrongful Death Lawyer Near Me 800-333-9999
What Are Common Grounds for Filing a Wrongful Death Lawsuit?
Many different situations can result in wrongful death. We believe if a person or organization is negligent about your safety, they should be held responsible for their reckless actions—especially when those actions cause the loss of a loved one.
Negligence Behind the Wheel in Any Auto Accident Can Be Fatal
Negligent drivers cause some of the most devastating accidents. These negligent acts can lead to wrongful death in a car accident:
- Distracted driving
- Reckless driving
- Driving while intoxicated
- Drowsy driving
- Failure to obey traffic laws and regulations
- Failure to follow traffic controls
If your loved one died in a car accident that a negligent driver caused, we could determine your eligibility to file a lawsuit. After that, we can help you understand your legal options and provide support and guidance through the legal process.
Fatal Truck Accidents
Truck accidents are different from other auto accidents due to the severity of the injuries typically inflicted. Further, identifying liable parties in fatal truck accidents can become challenging, as multiple parties may have contributed to the accident. Parties that might share liability could include:
- The driver
- The trucking company
- Third-party companies involved with fleet maintenance or cargo loading
- Vehicle and part manufacturers
The legal process can be challenging in truck accident cases. It often involves dealing with multiple insurance companies that will typically defend claims brought against them with teams of lawyers and adjusters. However, if you lost a loved one in a fatal trucking accident, our wrongful death lawyers will fight for the compensation you and your family deserve.
Medical Malpractice and Negligence
You can bring a wrongful death lawsuit against a medical provider that committed malpractice or negligence while treating your family member. Any of these actions could constitute medical malpractice:
- Patient injury during treatment
- Failure to treat a patient’s condition
- Failure to diagnose
- Delayed diagnosis
- Misdiagnosis of a patient’s medical condition
- Surgical errors
- Birth and postnatal injuries
- Negligent elder care
- Medication errors
We also work with clients across many other legal areas in wrongful death cases involving product liability, premises liability, workplace accidents, and other accidents involving catastrophic injuries.
Over 20 Years of Experience Representing Victims of Negligence
We understand this is an extremely tough time for you and your family and that nothing can make up for your grief at this time. However, you deserve justice for the emotional and financial trauma you have endured.
The team at Isaacs & Isaacs Personal Injury Lawyers wants to help ease the burden of managing your legal case so you can focus on healing. Contact our wrongful death attorneys serving Owensboro today for a free initial consultation to learn more about your legal options.