While no one likes to think about dying or its repercussions, it is important to promptly address any death that may have been caused by a preventable accident or an intentional act of violence. Although it may be difficult to discuss legal and financial issues while you are grieving, you will later be thankful that you had a capable attorney on your side who helped you through the process.
Based in Pikeville, the Kentucky wrongful death lawyers of the Johnson Law Firm remain sensitive to our clients’ emotional needs while protecting their future financial interests. Call our toll-free number 606-433-0682 or contact us online.
Proving Wrongful Death Lawsuits
When a person is killed due to the negligence or misconduct of another individual, company, or entity, a “wrongful death” has occurred. Wrongful death claims include every type of accidental death, no matter the specific cause, and include car accidents, motorcycle accidents, workplace accidents, and gas explosions.
- The death of a person was caused by another’s wrongful act, neglect or default;
- The act, neglect, or default would have entitled the victim to file an action for damages if he or she had not died;
- The victim has surviving beneficiaries, children, or dependents;
- There were monetary damages resulting from the victim’s death.
The primary goal of a wrongful death lawsuit is to provide relief to the victim’s family and to deter the wrongdoer from inflicting harm to others. In Kentucky, an action for wrongful death can be filed only by the victim’s personal representative on behalf of the surviving spouse, children, or parents.
The one thing that must be established in all wrongful death cases is negligence, which is proven through lack of attention, thoughtlessness, and mistakes. Also, there is a time element as to when a wrongful death claim must be filed. A cause of action for wrongful death accrues on the date of death and, in most cases, must be filed within one year of that date.
Wrongful Death & Compensation
Of course, monetary damages cannot replace your loved one. However, financial compensation can provide certain necessities and comforts to help grieving families facing an uncertain future. The amount of damages awarded is determined by several economic factors, including the decedent’s life expectancy and life income.
Damages permitted in a wrongful death case typically include:
- Medical, hospital, funeral, and burial expenses
- Compensation for any pain or suffering that the victim might have experienced between the time of injury and death
- Loss of the victim’s financial support
- Reimbursement for any future services that the victim would have normally provided to his or her survivors
- Loss of the victim’s parental leadership
- Loss of the victim’s companionship.
Taking the Next Step
If a loved one has died after an accident or injury caused by the negligence or misconduct of another, contact us today to discuss your legal rights. We can assist you in determining whether you have a valid claim and, if so, guide you through the legal process. Since 1998, Billy Johnson has represented the survivors of wrongful death victims and we know how to do so skillfully, yet compassionately. Our initial consultation is free. Let us help you.
Call our toll-free number 606-433-0682 or contact us online.