If you’ve lost a loved one in an accident or incident caused by someone else’s negligence or misconduct, your family may be anxious to hold them accountable. Your loved one deserves justice.
With help from a Georgetown wrongful death lawyer at Isaacs & Isaacs Personal Injury Lawyers, you could recover the compensation your family needs to get through these difficult times. We offer free consultations so you can find out about your legal options.
What Is Wrongful Death?
When you discover that your loved one has been killed due to the actions of someone else, you may be wondering what legal options may be available to you. You may have the opportunity to file a wrongful death lawsuit, depending on the details of your case.
For a death to be considered wrongful, the cause of death must have been intentional, accidental, negligence-based, or malpractice-based. This means virtually any situation in which another party is responsible for causing your loved ones that warrant the pursuit of a wrongful death lawsuit. If you are still unsure whether you have the opportunity to move forward with your case, be sure to contact our office to discuss your options going forward.
Will the Defendant Face Criminal Charges?
The defendant may or may not face criminal charges depending on the details of your case. If the defendant intentionally caused the death of your family member or committed another criminal offense in the process, they may face criminal charges.
Your civil case against the liable party is much different. Here, you have the opportunity to file a civil claim against the liable party seeking compensation for your damages. Your attorney will need to prove liability based on a preponderance of the evidence for your case to be successful.
Once your Kentucky wrongful death attorney approves liability, the defendant could be ordered to compensate your family for your financial, emotional, and physical losses.
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How to Prove Fault In a Georgetown Wrongful Death Claim
Proving liability will be essential if you hope to win your Georgetown wrongful death claim. In negligence-based wrongful death claims, your attorney will need to show that the four elements of negligence have been met. These include:
- Duty of care
- Breach of duty
- Causation
- Damages
Your lawyer will need to show the defendant owed the decedent a duty of care and breached the duty of care, causing the decedent’s death and the family’s damages.
Evidence of Negligence
Liability will always need to be proven based on a preponderance of the evidence. This means the evidence presented against the defendant must clearly show that they are more than likely responsible for causing your loved one’s passing. Some of the more common types of evidence that could be used to prove liability include:
- Cell phone records
- Diagnostic test results
- Forensic evidence
- Police reports
- Crash reports
- Injury reconstructionist reports
- Accident reconstructionist reports
- Medical records
- Photos of the accident
- Photos of the decedent’s fatal injuries
- Video of the incident
- Expert testimony
- Witness statements
These are just a few of the more common types of evidence that could be used to prove fault in a Georgetown wrongful death claim. If you have additional questions surrounding liability in your wrongful death case, be sure to contact your attorney to discuss your concerns further.
Who Has the Right to File a Wrongful Death Lawsuit in Georgetown?
You may be anxious to get started on your Georgetown wrongful death claim, but before you do, you need to find out whether you have the authority to file the lawsuit. Under Kentucky law, the personal representative of the decedent’s estate has the right to file a wrongful death lawsuit.
If the decedent did not appoint a personal representative to handle their estate prior to their passing, the courts will appoint one. However, there are some instances in which other parties can file wrongful death claims. These include:
- Parents of minor children who suffer wrongful deaths have the right to file wrongful death claims alongside the decedent’s personal representative.
- The decedent surviving spouse and children have the authority to file a claim without the decedent’s personal representative if the death was caused by a deadly weapon.
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How Long Do You Have to File Your Claim?
It is important that you take action on your Georgetown wrongful death claim as soon as possible. This is because the statute of limitations in cases like these is often complex.
If the personal representative is assigned within one year of the decedent’s death, the law allows for a maximum of one year to pass before the statute of limitation expires. However, if the personal representative of the decedent’s estate is assigned more than one year after the decedent’s death, the law allows for a maximum of two years to pass before the statute of limitations expires.
Our Georgetown wrongful death team can help you comply with these deadlines as long as you call us as soon as possible.
Get Help From a Wrongful Death Lawyer in Georgetown Today
When your family is still in mourning, but you want to make sure the liable party is held accountable to the fullest extent of the law, consider legal representation. A Georgetown wrongful death lawyer at Isaacs & Isaacs Personal Injury Lawyers can provide legal guidance and support. This way, you can honor the memory of your loved one and ease your family’s burdens in their absence.
Get your no-cost, risk-free consultation when you fill out our convenient contact form or call our office.
