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Kentucky Wrongful Death Lawyers
Helping you find justice and recover damages after you lose a loved one in Louisville or Lexington
The loss of a loved one is an incredibly difficult experience, and the pain is compounded when that loss is caused by the negligence of another. Wrongful death occurs when someone's death is caused by the careless or reckless actions of another individual or entity. The aftermath of such a tragedy can be overwhelming, both emotionally and financially. If you have lost a loved one due to someone else's negligence, you may be entitled to compensation.
At Crandall & Pera Law, our Kentucky wrongful death attorneys understand the profound impact wrongful death has on families. We are committed to providing compassionate and aggressive legal representation to help you seek justice for your loved one. With our experience in wrongful death claims, we will meticulously investigate the circumstances surrounding the death, build a strong case, and fight tirelessly to recover the maximum compensation possible.
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What is wrongful death?
Wrongful death occurs when a person's death is caused by the negligence, recklessness, or intentional misconduct of another individual or entity. It is a legal claim brought by surviving family members or dependents to seek compensation for the loss of their loved one.
Wrongful death cases can arise from various circumstances, including car accidents, medical malpractice, workplace accidents, and product liability. The goal of a wrongful death lawsuit is to hold the responsible party accountable and provide financial compensation to the surviving family for their losses.
Who can bring a wrongful death lawsuit in Kentucky?
In Kentucky, a wrongful death lawsuit can be brought by the personal representative of the deceased person's estate. This representative is typically appointed by the court and is often a close family member such as a spouse, parent, or adult child. Here is a more detailed breakdown:
- Personal representative: The personal representative (executor or administrator) of the deceased’s estate must file the lawsuit. This individual is responsible for managing the legal and financial affairs of the estate, including filing a wrongful death claim.
- Beneficiaries: While the personal representative files the lawsuit, the compensation awarded from a successful wrongful death claim is distributed to the deceased's beneficiaries, which can include:
- Spouse: If the deceased was married, the surviving spouse is entitled to receive compensation.
- Children: If there are surviving children, they are also entitled to compensation. If there is no surviving spouse, the children receive the entire award.
- Parents: If the deceased was unmarried and had no children, the surviving parents may receive compensation.
- Estate: If there are no surviving spouse, children, or parents, the compensation may go to the deceased’s estate and be distributed according to their will or Kentucky's intestate succession laws.
It is important to act promptly due to the statute of limitations, which generally requires that a wrongful death lawsuit be filed within one year from the date of death. Consulting with the experienced wrongful death attorneys at Crandall & Pera Law can help protect your family’s rights.
What types of accidents lead to wrongful death in Kentucky?
Several types of accidents frequently result in wrongful death claims in Kentucky. These include:
- Motor vehicle accidents: Car accidents, truck accidents, motorcycle accidents, and pedestrian accidents are leading causes of wrongful death.
- Medical malpractice: Errors in diagnosis, treatment, or surgical procedures can lead to fatal outcomes.
- Workplace accidents: Construction accidents, industrial accidents, and other workplace hazards can result in fatalities.
- Premises liability: Slip and falls, defective products, and dangerous property conditions can cause fatal injuries.
- Product liability: Defective products that cause death can lead to wrongful death claims.
- Acts of violence: Homicide and other violent crimes can result in wrongful death lawsuits.
It is important to note that this list is not exhaustive, and other types of accidents can also lead to wrongful death claims.
Who is liable for my Kentucky wrongful death claim?
Determining liability in a wrongful death case depends on the specific circumstances of the accident. However, some common parties who may be responsible include:
- Individuals: This includes drivers, property owners, or individuals who caused the fatal injury.
- Corporations: Businesses, companies, or organizations can be held liable if their negligence contributed to the death.
- Government entities: In cases involving government negligence, such as road hazards or inadequate maintenance, the government may be liable.
- Product manufacturers: Defective products that cause fatal injuries can lead to liability for the manufacturer.
It is important to note that multiple parties may share responsibility for the death. The skilled wrongful death attorneys at Crandall & Pera Law can help identify all potentially liable parties and build a strong case on your behalf to recover damages.
What is the value of my Kentucky wrongful death claim?
The value of a wrongful death claim in Kentucky is highly dependent on the specific circumstances of the case. There's no one-size-fits-all answer, as each case is unique.
Several factors influence the potential value of a claim, including:
- The deceased's age and earning potential: The younger the victim, and the higher their earning potential, generally the higher the potential damages.
- The number and dependency of survivors: The more dependents the deceased had, the greater the potential financial loss.
- Medical expenses: Costs incurred for treatment for the injuries before the death.
- Loss of companionship, care, and guidance: The emotional and financial value of the deceased's role in the family.
- Punitive damages: This category of damages is only available in cases of intentional misconduct or gross negligence.
It is essential to consult with an experienced Kentucky wrongful death attorney to accurately assess the potential value of your claim. At Crandall & Pera Law, we will thoroughly investigate your case, gather evidence, and calculate potential damages.
Remember that the amount of compensation you receive is crucial, but it is also important to hold the responsible party accountable for their actions. This accountability helps prevent similar incidents from happening to others.
How can your Kentucky attorneys help with my wrongful death claim?
Our experienced Kentucky wrongful death attorneys offer comprehensive support throughout the legal process. Here are several ways we can assist you:
- Investigate the case: We thoroughly investigate the circumstances surrounding your loved one's death to gather evidence and identify the responsible parties.
- Build a strong case: Our team can build a compelling case by collecting medical records, witness statements, and other crucial evidence.
- Calculate damages: We assess the financial losses suffered by your family due to the wrongful death and determine the appropriate compensation.
- Handle negotiations: We negotiate with insurance companies and opposing parties to achieve a fair settlement.
- Litigate the case: If a settlement cannot be reached, our attorneys are prepared to take your case to trial.
- Provide emotional support: We understand the emotional turmoil you are experiencing and offer compassionate guidance throughout the process.
- Maximize compensation: Our goal is to recover the maximum compensation possible to help your family rebuild and move forward.
By entrusting your case to our skilled attorneys, you can focus on grieving your loss while we handle the legal complexities.
Compassionate Kentucky wrongful death lawyers helping your family
The loss of a loved one is a devastating experience, and the last thing you should have to worry about is the legal process. Our experienced Kentucky wrongful death attorneys are here to provide compassionate and aggressive legal representation. We understand the complexities of these cases and are dedicated to seeking justice for your family. Do not navigate this difficult time alone. Contact us today for a free consultation to discuss your options and learn how we can help you recover the compensation you deserve. Please call our offices or fill out our contact form to schedule a free, no-obligation consultation with a Kentucky wrongful death attorney. We have offices conveniently located in Lexington and Louisville.