When an Accident Leads to Wrongful Death in Kentucky
Knowing that a loved one or family member has been involved in an accident of any type can be worrisome and heart-wrenching; when that accident results in fatal injuries, the emotional pain and heartache can be unbearable. At the Ron Aslam Law Office, our Kentucky personal injury lawyer knows how traumatic the death of a loved one is, and can provide you with the legal support you need when an accident leads to a wrongful death.
Can I File a Wrongful Death Claim?
If you are the surviving family member of a person who was killed in an accident in Kentucky, you may be wondering whether or not you can file a wrongful death lawsuit for compensation. The answer to this depends on the cause of death of the deceased (cause of fatal injuries), as well as your relation to the deceased.
Under Kentucky Statute 411.130, a wrongful death civil action may be pursued whenever the “death of a person results from an injury inflicted by the negligence or wrongful act of another.” In other words, if the deceased would have been able to pursue a personal injury tort against the defendant had injuries not been fatal, a wrongful death action may be filed.
The second factor to consider is your relationship to the deceased, as Kentucky law states that only the personal representative of the deceased may prosecute a wrongful death action. With that in mind, damages sought in a wrongful death action may be recovered on the behalf of a widow(er), children, parents, or/and personal estate of the deceased, in which other descendants may receive compensation after any debts have been paid.
You Deserve Compensation for Your Losses
Kentucky law allows the personal representative of the decedent’s estate to seek compensation for the full value of losses suffered by the beneficiaries. This includes damages for the deceased’s medical expenses related to the accident, funeral and burial expenses, lost wages, and noneconomic losses, such as loss of guidance and consortium. The courts also allow for punitive damages to be sought in the event that the cause of death was willful, or was the result of gross negligence. Punitive damages are designed to punish the defendant for their egregious action.
Time Limits for Filing a Wrongful Death Claim
All lawsuits for wrongful death must be filed within the time frame specified by state law. Under Kentucky Statute 413.135, an action for wrongful death must be filed within one year from the date of death. If you wait longer than this to bring forth your claim, you risk forfeiting your right to damages entirely.
Why You Should Work with a Kentucky Wrongful Death Lawyer
There is nothing more terrible than losing someone you love. When you relied on that person for emotional support, love and physical comfort, income, shared parenting responsibilities, and friendship, knowing what the future will look like is impossible, as well as very intimidating. When you work with a Kentucky wrongful death lawyer, you significantly improve your chances of recovering every penny that you deserve, and need, to move forward in life.
A lawyer will not only investigate your case and build a claim to prove the negligence of the defendant, but will also dig deep to determine the full value of your losses and prove this to an insurance company and to the court. A lawyer also knows how to engage in skilled negotiations to maximize your settlement. When settlement cannot be reached, an attorney is there to litigate for you.
Contact Our Law Offices Today
At the Ron Aslam Law Office, our knowledgeable Kentucky wrongful death lawyer is here to advocate for you. Ron Aslam has the legal experience that you want, and the compassion that you deserve. Contact the Ron Aslam Law Office at (502) 581-1676 today for a free case review.