Dealing with a loved one’s death is difficult enough, but when they have died needlessly in a car wreck that was someone else’s fault, it is an especially tragic and emotionally devastating situation. Surviving family members are left struggling to pick up the pieces and deal with the financial and emotional losses that result. That’s where a wrongful death claim comes in. While no amount of money can make up for the death of someone you love, a successful claim can bring a financial settlement that can help pay your bills and make it easier to go on with your life.
Kentucky laws are complicated, though, and insurance companies and their lawyers will often attempt to deny claims or get you to settle for less than your case is worth, so it is difficult to go up against them on your own. Fortunately, there is help available from an experienced Kentucky wrongful death lawyer who can file a wrongful death claim and handle all investigations, negotiations, and legal hurdles needed to fight for the settlement you deserve.
What is a Wrongful Death Claim?
Under Kentucky law, a “wrongful death” occurs when “the death of a person results from an injury inflicted by the negligence or wrongful act of another.” The law (Ky. Rev. Stat. § 411.130) allows the personal representative of the deceased to file a wrongful death claim in civil courts to recover damages in the form of monetary compensation for family members. If there is no personal representative, such as if the deceased person is a child with no estate or someone who died without a will, the court will appoint someone.
A wrongful death claim can be thought of as similar to a personal injury claim the deceased person would have been eligible to file if they had not passed away. If the case is successful, compensation will be awarded to pay for funeral expenses, administration costs, and any attorneys’ fees, and then surviving family members will receive the remainder of the damages awarded.
Damage Awards in a Wrongful Death Case
Damage awards in a wrongful death lawsuit are meant to recover money that would otherwise be earned by the person who lost their life, as well as expenses the family members face due to loss of their loved one. Damages may include:
- Lost wages or other income
- Loss of companionship and parental guidance
- Loss of consortium
- Funeral and burial expenses
- Medical bills related to the death
- Pain and suffering of the deceased
- Loss of pension or retirement funds
- Administrative and legal costs
- Punitive damages.
Damage awards in a successful wrongful death can be substantial, sometimes reaching into the millions of dollars, as juries are likely to be sympathetic when a wrongful death is involved. In addition, there is no upper limit to wrongful death lawsuits in Kentucky. The amount you will receive will depend on many factors, such as the degree of fault, the availability of insurance and assets of the defendants, and the skill and negotiating ability of your attorney.
Proving Negligence in a Wrongful Death Lawsuit
To win your case, your wrongful death attorney would have to show that the defendants in the case were negligent and at fault for causing the death of your loved one. This means producing evidence to support the following legal elements:
- Duty — The defendant owed the deceased a duty not to cause harm.
- Breach — The defendant breached this duty by acting in a negligent or reckless manner or failing to take necessary actions.
- Cause — This negligent action or inaction directly caused the accident that led to the death.
- Damages – The deceased victim has surviving beneficiaries, children, or dependents that suffered monetary damages from the death of the victim.
In some cases, there may be more than one negligent party that contributed to the wrongful death. For example, in addition to the driver that caused the crash, other negligent parties may include:
- The manufacturer of a faulty auto part, such as brakes or an airbag that failed
- A road maintenance company that failed to properly repair hazardous conditions that led to the crash
- A municipality that failed to maintain roads, fix malfunctioning traffic signals, or put up warning signs.
Your wrongful death attorney will carefully investigate the crash scene and interview witnesses and first responders to obtain evidence to prove negligence. All negligent parties should be identified, as they all may have insurance and assets that can go toward a settlement.
Be aware that, according to Ky. Rev. Stat. Section 411.130, there is a statute of limitations on how long you have to file a wrongful death claim. A cause of action must be filed within one year from death.
Get Help Filing a Wrongful Death Claim
If you have lost a loved one after a car wreck, there is help available from the experienced wrongful death attorneys at the Johnson Law Firm. Attorney Billy Johnson can meet with you to discuss what happened, determine who was at fault, conduct investigations to gather and preserve evidence, and handle all legal requirements, court filings, and negotiations involved with recovering the financial compensation you deserve. We are fully prepared to take your case to trial if necessary.
Let Billy take the burden off you and fight for justice. The Johnson Law Firm offers prospective clients an initial case evaluation for free, and there are no fees unless and until we win your case. Call us today to get started.
GET HELP NOW 606-437-4488
Attorney Billy Johnson
William “Billy” Johnson grew up in the Dorton area of Pike County, Kentucky, and early on decided to stay in the beautiful Appalachian mountains. Like many others in Eastern Kentucky, Billy’s dad worked as a coal miner, a hard job but one that taught his son how to meet challenges head on and persevere. Attorney Billy Johnson has years of experience helping injured clients with claims such as car, truck, and motorcycle accidents, wrongful deaths, work injuries, and more. [ Attorney Bio ]
