The loss of a loved one is an event full of sorrow. If the death occurred because of someone else’s carelessness, the deceased person’s family might not know where to turn. During such a time, a compassionate Louisville wrongful death lawyer could achieve justice for your loss.
Complicated circumstances may surround an accident which leads to a wrongful death. For the deceased person’s loved ones, significant monetary damages could result. A compassionate injury attorney could conduct a careful examination of the facts and help you recover damages.
When someone dies due to another person’s negligence or improper act, the family of the deceased person may have a wrongful death claim under Kentucky Revised Statutes 411.130(1). If the act that caused the death was willful or grossly negligent, the family could recover the additional compensation of punitive damages. The deceased person’s personal representative is responsible for bringing a wrongful death lawsuit.
KRS 411.130(2) sets forth who receives the damages in a wrongful death action. If the deceased person had a spouse and no children, the spouse receives all the damages. If there are a spouse and children, then one-half of the amount recovered passes to the spouse and the remaining half goes to the children.
Other rules for collecting damages may apply depending upon the deceased person’s next of kin. Understanding the complexities of a wrongful death claim without legal counsel is not simple. Seeking a knowledgeable Louisville wrongful death attorney’s advice might make things easier.
There is a broad spectrum of events that could lead to tragic consequences. It is impossible to calculate the ways in which a fatality could happen. Some of the common examples of situations that could result in a wrongful death action include:
Although every wrongful death action is unique and deserves special attention, there is one thing every claim has in common. KRS 413.140(1)(a) requires the filing of a wrongful death lawsuit within one year of the event which caused the fatality. Failure to start the legal action on time could prevent any recovery for damages.
It may be wise to consult with a qualified wrongful death lawyer in Louisville. The attorney could evaluate the case to see if there is a legal claim. Trying to recover damages incurred from a wrongful death without legal advice might prove a mistake.
There may be no way to describe all the harm from a beloved family member’s death. It may be possible to calculate the numerous financial losses from a wrongful death. Economic damages could include medical bills, funeral costs, and lost wages.
Emotional injuries also follow a wrongful death. If the deceased person was a minor, KRS 411.135 permits the parents to recover damages for the loss of the child’s affection and companionship that they would have received until the child reached adulthood.
Determining the total amount of damages available in a wrongful death case could present a challenge. Surviving family members without legal assistance could face a trying time. The counsel of a qualified Louisville personal injury attorney could help.
A loved one’s death because of another person’s fault causes hurt that may be difficult to measure. If you lose someone you love due to someone else, you could use a Louisville wrongful death lawyer on your side.
Attorneys likely will represent the party who caused the wrongful death. It might help to consult with a capable personal injury for a case evaluation.