There are essentially two kinds of death: sudden or expected. A sudden death comes as a surprise to the family and friends. An expected death usually involves someone diagnosed with an incurable illness.
In either scenario, the loss is deeply felt. Those feelings of loss can be compounded if there is a suspicion of a wrongful death. If you are dealing with a situation where you suspect negligence contributed to the passing of your loved one, you owe it to yourself and your family to speak with a Louisville wrongful death lawyer.
Thomas Law Offices understands the emotional upheaval that the death of a loved one can cause. We have years of experience helping families find some measure of comfort when those responsible for their loved one’s demise are held accountable.
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What Is a Wrongful Death?
When building a case, it helps to understand how Kentucky law views what constitutes a wrongful death:
“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 agent or servant caused it. If the act was willful or the negligence gross, punitive damages may be recovered. The action shall be prosecuted by the personal representative of the deceased.”
That definition becomes the foundation for this type of claim. The law goes on to discuss that a wrongful death can only occur from a wrongful act. It is also important to consider what can lead to a wrongful death.
Here are examples of wrongful acts:
Negligence
Negligence is another way of saying carelessness. It is when someone does not provide a standard of responsibility when it comes to another person. For instance, if a surgeon performs a procedure when they are fatigued or aren’t paying attention to a patient’s medical history, you could make a case for a medical malpractice lawsuit. This is not an intentional act but simply being careless with what you have been asked to provide.
Gross Negligence
Gross negligence is a version of extreme carelessness. This can be attributed to a driver who speeds up and causes an accident that leads to a death. A person who neglects a nursing home resident and contributes to their passing or a property owner who doesn’t repair a floor that causes someone to trip and hit their head are examples of this type of wrongful actions.
Recklessness
A conscious disregard for the safety of others is considered a reckless act. For example, someone who drinks and drives willingly puts themselves in a situation where they could lose control of their car and cause a fatal crash. If they weren’t being reckless, they would call for a ride-share or have someone else take them home.
Intentional Misconduct
A criminal assault that results in a death is an example of intentional misconduct. Whether this is a deliberate act or the result of a death in the commission of a crime, it is considered intentional. In other words, the at-fault party intentionally engaged in conduct that caused a death.
Seeking Damages with Help from a Louisville Wrongful Death Lawyer
There are two goals to achieve with every wrongful death case: to hold the negligent party accountable for their actions and to recover financial compensation for the surviving family.
The attorneys at Thomas Law Offices will help you recover the following damages:
- All medical bills for any care related to the fatal accident.
- Funeral and burial expenses.
- Loss of financial support from the deceased.
- Loss of care and companionship.
No amount of money can make up for your loss, but it can provide a sense of closure to help a family move on and alleviate financial burdens.
Naming the Beneficiaries in a Wrongful Death Claim
When a person dies, their assets go into probate. That is the period of time that the courts determine who should inherit those assets, regardless of the amount. In Kentucky, a probate court can appoint an executor of the estate. That is the representative who would file the wrongful death lawsuit on behalf of the surviving family.
The first funds will pay for funeral expenses and legal fees if a settlement is reached. After that, this is the order that the remaining funds will go to:
- Surviving spouse if there are no children.
- Surviving spouse and children.
- Surviving children if there is no surviving spouse.
- Parents of the deceased if there are no surviving children or spouse.
If there is no surviving immediate family, the settlement funds will go to the deceased’s estate to be passed on to whoever they named as beneficiary. That means that any last will and testament stipulations would be separate from a wrongful death settlement.
Mandy Jo’s Law
There is an exception to the order mentioned above as it applies to Mandy Jo’s Law. In a horrible condition where the wrongful death of a child occurs, Mandy Jo’s Law prevents a parent who has not participated in the child’s care or upbringing from benefiting from a wrongful death settlement. This law also extends if the child dies without a will. Under normal circumstances, the estate settlement would go to both parents, but under this provision, only the parent who directly cared for the child would get the settlement.
These are the exact types of situations where you want to consult with a Louisville wrongful death lawyer to understand the best way forward in your claim.
Time Limits for Filing
Every state imposes a statute of limitations. That is the amount of time you have to file a lawsuit. In Kentucky, you must file a wrongful death lawsuit in one year. Keep in mind that this pertains to filing the complaint in civil court. You might make an initial claim with an insurance company and then move into a civil complaint.
The time starts running from the time the cause of the wrongful death is first discovered or from the time the cause should have been discovered with reasonable care.
It is important to note that not all wrongful deaths happen instantly. There could be a situation where someone is injured in an accident and goes through a recovery process, only not to survive. In that instance, you might have filed a personal injury lawsuit to recover initial damages. You can then join that lawsuit into a wrongful death lawsuit.
Getting Answers from Thomas Law Offices
Dealing with the death of a loved one caused by negligence is going to be complex and emotionally taxing. The attorneys at Thomas Law Offices offer compassionate support for our clients to help guide them through the process. We want to take away the burdens of dealing with insurance companies and defendant attorneys.
Our support begins with a free initial case consultation. We’ll listen to what happened in that discussion and address your concerns. We can provide a lot of guidance in one talk to help you make an informed decision about what is the best course of action for your complaint.
Call to schedule that talk with our Louisville wrongful death lawyer. We’re standing by to hear your story.
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