Wrongful Death

If your loved one passed away due to the negligence or misconduct of someone else, you may be able to seek financial compensation by means of a wrongful death suit. There is a time limit for filing a wrongful death lawsuit in Kentucky, so it's important that you consult a wrongful death attorney as soon as possible.

Wrongful death occurs when someone dies as a result of the negligence, recklessness, or deliberate actions of another. More than one party may be held liable for a single event, such as both the driver of a company vehicle who causes a fatal accident and the company that owns the vehicle. The liable party or parties can include individuals, government agencies, companies, or employees. To establish wrongful death, an attorney must prove that an individual failed to behave in a reasonable, prudent manner; that his or her wrongful actions caused the death; and that damages resulted.

Common causes of wrongful death include:

  • Medical Malpractice. This includes misdiagnosis or delayed diagnosis, inadequate service (such as wrong prescriptions), or inaction.
  • Accidents at work. Employers should ensure their employees don't work in dangerous conditions or without proper safety equipment.
  • Car or truck accidents. Drivers are responsible for operating vehicles safely, and drivers who talk on cell phones, text, or dive under the influence of alcohol may provide grounds for a wrongful death claim.
  • Death during a supervised activity. Supervised activities can include sports tournaments, field trips, or other activities.

Our experienced wrongful death lawyers can review your situation, answer your questions and conduct an appropriate action.

Wrongful Death Claims

Members of your family who depended on the deceased for emotional and/or financial support may be eligible for compensation to help recover from their loss. These survivors include:

  • Spouses
  • Children
  • Parents
  • Other relatives who depended on the deceased for support

Our wrongful death claims attorneys can assist you in opening the estate and appointing a personal representative.

Wrongful Death Damages

Survivors may recover for the loss of the deceased's funeral expenses, future earnings, companionship, and mental pain and suffering. Determining damages can be complex. For example, when an employed adult with dependent children dies, the court may consider:

  • Loss of income, with interest, both present and in the future
  • Loss of parental companionship, guidance, and instruction
  • Mental pain and suffering

In addition, a court may also impose punitive damages, which may be appropriate in situations where someone was intentionally or recklessly negligent and caused a death. Punitive damages punish the responsible party and discourage others from behaving similarly.

Call Us Today

At Ricky Lamkin & Associates Attorneys At Law, we help families across Kentucky navigate the legal process, while protecting their rights with compassion and sympathy. To learn more contact us at our law office by calling 270-753-1737.

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