Kentucky’s wrongful death laws can make families feel confused or overwhelmed about how to obtain their rightful damages following a loss. Our Winchester wrongful death lawyer can assist you by explaining what you need to know and taking over what you don’t need to worry about. Leave your case in our capable hands.
We Can Fight for Your Benefits Following a Wrongful Death in Clark County
Families can receive damages on behalf of their loved one in three categories: economic, non-economic, and punitive damages. While what falls under each category will differ in each case, our firm works to make sure your experience is accurately represented.
Economic Damages
These are expenses that can be tallied and reimbursed or paid through damages. Anything related to your loved one’s accident that you paid out of pocket can be included in this portion of your compensation. Common expenses covered by economic damages are:
- Hospital bills
- End-of-life healthcare
- Funeral services
- Casket or urn
- Transportation
- Embalming
- Burial services
- Lost income
For example, the Federal Trade Commission (FTC) reports that the average casket costs a little over $2,000; that is an expense that could be covered with damages. Likewise, the $30,000 hospital bill for the three days your loved one spent in the hospital prior to their passing can be reimbursed.
If you aren’t sure about an expense’s eligibility, don’t keep quiet. Our personal injury lawyers can help you determine what could be covered. It’s better to include any related expense. Don’t be intimidated by an insurance adjuster into underestimating what you lost. You deserve appropriate damages.
Non-economic Damages
More nebulous but no less important are damages for the emotional, psychological, and personal losses you experienced. That includes compensation for:
- Pain and suffering
- Loss of parental guidance
- Emotional distress
- Loss of companionship
No price tag can be put on the lifelong mentorship, advice, and more that a loved one can offer. However, even though damages cannot repay that loss, they can be a symbolic representation of that loss.
These damages can become a point of contention with insurance companies and their Winchester clients. Your Winchester wrongful death lawyer will not allow you to be nickel-and-dimed on your non-economic damages. The full scope of what you lost should be represented in your settlement or verdict, and we will fight for it.
Punitive Damages
Rather than reflecting a bill or loss, these damages are meant to punish the responsible party for their actions. Punitive damages are typically only included in cases involving particularly egregious negligence. We can discuss if your case qualifies.
For a free legal consultation with a wrongful death lawyer serving Winchester, call 800-333-9999
Our Lawyers Explain Your Rights and Kentucky’s Wrongful Death Laws
In serving Winchester, Kentucky, our lawyers keep you apprised of how your case fits into the laws related to wrongful death. Moreover, we make sure you understand how your rights fit into the process, ensuring you have someone to speak up for you when necessary.
Our team can help with:
- Insurance claim filings
- Settlement negotiations
- Legalese explanations
- Meeting deadlines
- Talking to adjusters
- Assigning case value
- Avoiding lowball offers
- Preparing for court
- Filing a lawsuit
More than that, we can help you stay sane during an insane period. We remain accessible via phone and email, will return your calls quickly, and won’t charge you a cent unless we win a settlement or verdict.
Who Can Receive Damages
Dividing damages among a family can quickly become complicated. To avoid more confusion, Kentucky law clearly dictates how compensation is apportioned following a wrongful death financial recovery (Ky. Rev. Stat. § 411.130). Typically, the parties who receive damages are:
- Surviving spouse
- Children
- Parents
- Deceased’s estate
All the damages go to a surviving spouse if there are no children. If the deceased left behind a spouse and children, half goes to the spouse, and half to the children. Parents would receive damages if the deceased was unmarried with no children. For loved ones with no immediate family members, the damages go instead to their estate and are then divided among other relatives or beneficiaries.
While designed to make things easier, some families can find this aspect of their case confusing. We can trace how compensation will be divided in your family and make sure everyone is kept in the loop.
Who Can File for Wrongful Death
Other states allow certain family members to file lawsuits on behalf of lost loved ones, but Kentucky restricts this to the personal representative of the deceased’s estate. This role is like an executor, and a person is typically named in the final will of the deceased. If not, the court appoints a personal representative. This person is then the one who can file a lawsuit.
Some exceptions to this rule can apply. One is when a parent loses a minor child to an act of negligence.
Since children normally do not leave wills or estates behind, and thereby don’t have personal representatives, their parents have the right to file a wrongful death lawsuit (Ky. Rev. Stat. § 411.135). If this tragedy happened to you in Winchester, our attorneys can go over your options.
How Long You Have to File
Kentucky’s statute of limitations for wrongful death is no more than two years from the date of death. However, it can be shorter, depending on the circumstances (Ky. Rev. Stats. § 304.39-230(6)).
Typically, the timeline depends on when a personal representative is appointed in a case.
Since Kentucky’s statute of limitations are unique for wrongful death, consult our lawyers for more information on your specific Winchester case. We don’t want you to miss out on your opportunity to pursue damages.
Winchester Wrongful Death Lawyer Near Me 800-333-9999
We Represent All Types of Wrongful Death Cases in Winchester
Isaacs & Isaacs Personal Injury Lawyers have handled wrongful death claims and suits in all areas and are ready to put our experience to work in your case. We handle cases related to:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Boating accidents
- Slip and fall accidents
- Premises liability accidents
- Defective product accidents
- Defective drug accidents
Click to contact our Winchester Personal Injury Lawyers today
Connect With Your Wrongful Death Lawyer Now
Get answers for free now. Our wrongful death lawyers serving Winchester can help you understand your rights and responsibilities, all while taking the pressure off you. We do the work. We hold the responsible party accountable. We work for you while you focus on family. Contact us today.
Call or text 800-333-9999 or complete a Free Case Evaluation form
