A Kentucky Wrongful Death Lawyer Can Help if You Have Lost a Loved One Due to Another Party’s Negligence or Fault
Why Do I Need a Kentucky Wrongful Death Attorney?No one likes to think about death, but it is important to address the death of a loved one that was caused by negligence. A successful lawsuit can help families receive financial compensation and bring justice so the wrongdoer cannot cause similar tragic harm. Our wrongful death lawyer may win the compensation that you deserve for your losses. A wrongful death claim is usually considered a personal injury claim where the deceased person’s personal representative seeks compensation for the loss of the loved one. Kentucky Revised Statutes 411.130 (1) provides that: “Whenever the death of a person results from an injury inflicted by the negligence or wrongful act of another, damages may be recovered for the death from the person who caused it, or whose servant or agent caused it.” Contact Johnson Law Firm at (606) 437-4488 to schedule your free initial consultation.
How We Can HelpKentucky laws related to the wrongful death of a person and how to pursue compensation are contained in the Kentucky Revised Statutes. Unfortunately, most people are unlikely to know of these complex statutes or to have experience fighting for compensation for the death of a loved one. The testimonials page at Johnson Law Firm shows how satisfied clients have been with our understanding, knowledgeable Kentucky wrongful death lawyers. We treat everyone that we represent with compassion and respect. These are some of the ways that we help clients:
- Evaluating how the death occurred to determine if a wrongful death case is warranted
- Interviewing first responders and witnesses
- Gathering evidence from police reports, medical reports, documents, and surveillance cameras
- Filing paperwork and handling legal procedures and court appearances, and making sure that the claim is made under Kentucky laws and deadlines
- Handling communications and negotiations with insurance companies and lawyers
- Hiring an accident reconstruction expert to reconstruct the accident and to provide testimony regarding how the accident occurred and who was at fault.
What is the Process of a Wrongful Death Claim?Wrongful death claims include every type of accident caused by the negligence of another or a “wrongful act of another.” This category includes car, truck, motorcycle, pedestrian, and work-related accidents resulting in wrongful deaths. The wrongful death attorneys at Johnson Law Firm work to help get the compensation your family deserves for losing your loved one. The attorney must show that:
- The person’s death was caused by another’s a 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 deceased victim has surviving beneficiaries, children, or dependents.
- There were monetary damages resulting from the death of the victim.
What is the Difference Between a Settlement and a Jury Award?A settlement means an agreement is reached without the case going to court. Instead, the at-fault party offers a specific financial amount to settle the case, and the victim’s representative accepts the settlement amount. A jury award is determined after the end of a trial, with the amount set by the jury. Damages awarded in a wrongful death typically include:
- Medical, hospital, funeral, and burial expenses
- Loss of financial support that the victim would have provided
- Compensation for pain and suffering that the victim suffered between the time of injury and death
- Loss of victim’s parental leadership
- Loss of consortium.
Do I Have to Testify in Court?Every case is different, and many cases never go to trial because they are settled out of court. If indeed your case does go to trial, you will have the opportunity to decide whether or not you testify. Your Kentucky wrongful death attorney will advise you about the courtroom process and discuss the options available to you. Generally, it is not necessary to worry at the outset about whether you will have to testify, because that is down the road and the case may never go to trial.
How Much Does a Kentucky Wrongful Death Lawyer Cost?It costs nothing up front to hire a Kentucky wrongful death attorney, because we work on a contingency basis, which means we don’t get paid until you get paid. Attorneys’ fees and expenses come out of the financial settlement or award at the end of the process. If for some reason your claim is not successful, then you owe us nothing.
Who Benefits from A Kentucky Wrongful Death Case?
Kentucky Law Determines How Wrongful Death Damage Awards Will Be DistributedTypically, the person filing a claim must be the individual who actually suffered an injury due to someone else’s negligence. This is not possible in a wrongful death case, because they are gone. However, even after death, their estate lives on for legal purposes. In these cases, the personal representative of the estate is the one who has the authority to prosecute a wrongful death claim. This person is either the executor or administrator of the estate, who is appointed by the court. This person oversees and winds down the estate until assets are distributed and the deceased’s debts are paid. Under Kentucky law, when a wrongful death attorney succeeds in proving negligence and achieves a favorable settlement or court verdict, any financial award will be paid as follows:
- If a widow/widower and children: Half to widow/widower and half to any children
- If a widow/widower, but no children: All to the widow/widower
- If no widow/widower, but children: All to the children
- If no widow/widower and no children: All to the parents
- If no widow/widower, no children, and no parents: All to the decedent’s estate.
Contact Attorney Billy Johnson Today
Let Our Wrongful Death Attorneys Start Working For You NowWe will never forget that we work for you. We listen to your concerns, keep you informed, and aggressively advocate for the best possible outcome in your best interests. Our law firm offers a commitment to providing exceptional, personalized care. Call Johnson Law Firm for a free initial consultation today at (606) 437-4488.
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Table of Contents
WRONGFUL DEATH ARTICLES
May 26, 2021
The American civil court system gives everyone the ability to sue anyone for just about anything. If you've gone through the experience of the wrongful death of a loved one in a hospital, you can sue the hospital, but th...
March 18, 2019
Wrongful death claims are made when a person is killed in an accident that occurs because of the negligent (or willful) actions of the person or entity which caused the mishap. In any accident caused by someone else’s...