Losing a loved one might be one of the most difficult challenges a person will ever face. Grief is infinitely worse when the death was due to an avoidable accident caused by someone’s negligence.
If you have lost a loved one to medical malpractice, a vehicle accident, or a workplace mishap, you might get compensation to help defray some of the final expenses of laying your loved one to rest. Isaacs & Isaacs Personal Injury Lawyers will review your potential claim at no cost.
Who Receives Compensation in a Wrongful Death Lawsuit?
In Ky. Rev. Stat. § 411.130, wrongful death is when a person dies due to another’s negligence. The laws state that legal action can follow a wrongful death, whether intentional or reckless. You may seek damages in monetary compensation for the family from the negligent person or entity.
Once compensation is received, funeral and attorney expenses will be paid, and the remaining balance will be distributed amongst the family members. There are specific rules governing disbursement:
- Surviving spouse with no children—the entirety goes to the spouse
- Spouse and one child—each receives 50 percent of the compensation
- Child but no spouse—child receives the entire sum
- No spouse or children—compensation goes to the parents of the decedent
- If there is no immediate surviving family—distant relations will split compensation based on the law of descent and distribution
Sorting through the applicable laws, filing procedures, and requirements of a wrongful death claim while grieving a significant loss can be overwhelming. It might be beneficial to consider a wrongful death lawyer serving St. Matthews to guide you through the process.
For a free legal consultation with a wrongful death lawyer serving St Matthews, call 800-333-9999
What Damages are Available in Kentucky Wrongful Death Claims?
Wrongful death claims may receive compensation for:
- Funeral expenses
- Medical expenses occurring before death
- Pain and suffering for the spouse and children
- Lost earnings if the decedent was supporting them
If a spouse wishes to file a claim for loss of consortium, that must be filed separately. Consortium is a broad category that includes companionship, aid and assistance, conjugal relationships, and support that a spouse typically provides in a marriage.
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Is a Finding of Negligence Required in a Wrongful Death Case?
Yes, to file a wrongful death claim in St. Matthews, the plaintiff (you and your legal team) must show that negligence occurred on the defendant’s part. The base definition of negligence is a failure to use reasonable care. Four elements serve to prove negligence.
Duty means that the defendant had a responsibility to conduct themself in a specific way, such as driving with caution and obeying driving laws. A breach of duty happens when the defendant fails to perform the duty of acting in a responsible manner, such as speeding or failing to stop at a red light. Causation is when the breach of duty causes wrongful death. Damages are the losses suffered because of the accident.
You must prove that the defendant knew that their actions were wrong to prove negligence. When a person has a driver’s license, they are presumed to know driving laws. Therefore, speeding or running a red light could be considered a negligent action that caused a wreck and wrongful death.
How the Burden of Proof Works for Wrongful Death
An attorney must show the four elements of negligence and prove a direct link between the defendant’s actions and the death of your loved one. To fulfill the required burden of proof, a wrongful death lawyer serving St. Matthews may request special investigators and medical experts. These experts will be able to show evidence that the defendant’s actions caused the wrongful death.
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Can a Claim Settle Out of Court?
Yes. The majority of wrongful death cases settle before court. Our attorneys never stop fighting for you, so negotiations continue even if we are in pre-trial proceedings.
It is your decision whether you accept a settlement offer or continue to trial in civil court. Our in-house litigation team always strives to get the best settlement possible. You will receive updates through each phase of your claim process, from the initial demand letter to the outcome, so that you can make informed decisions on any settlement offers.
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Finding the Right Law Firm to Fight for You
When looking for just the right law firm to represent your interests in a St. Matthews wrongful death claim, don’t settle. Our legal team will be aggressive in representing you. We will demand the information we need and will:
- Obtain subpoenas for witness testimony at depositions or trial
- Question witnesses under oath
- Obtain necessary records to support your case
- Inspect physical evidence
We will even follow through if our discovery phase uncovers criminal action on the defendant’s part. We will demand accountability and justice on your behalf.
What About the Cost of a Wrongful Death Attorney?
Civil lawsuits can be expensive and can drag on for what may seem like centuries. At Isaacs & Isaacs Personal Injury Lawyers, we use a contingency program. From your first complimentary case review until your final resolution, we cover the costs of assembling your claim. We don’t charge upfront fees or costs, and you won’t owe anything unless we win your case or reach a fair settlement agreement.
Your Time to File is Limited
The Kentucky statute of limitations for wrongful death is one year from the date of death or the appointment of the deceased’s representative per Ky. Rev. Stat. § 413.180. We understand that you are grieving the loss of your loved one, and an attorney may be the last thing on your mind. There are benefits to starting as early as possible, however.
Contact Isaacs & Isaacs Personal Injury Lawyers for a Case Review
Isaacs & Isaacs Personal Injury Lawyers can get started on your family’s wrongful death claim with your free case review. Our wrongful death lawyer serving St. Matthews will be mindful of your family’s need to process the death while they aggressively work in the background to compile your claim.
We can help your grieving family achieve a sense of closure so that you can move forward. We also have Spanish-speaking staff available. We fight hard, so you get the compensation you deserve.
Call or text 800-333-9999 or complete a Free Case Evaluation form
