Losing a loved one is one of the most painful feelings a person can experience. When you lose your loved one to an event that could have been avoided, the pain becomes more intense. A wrongful death occurs when a person loses their life due to another person’s negligence or actions.
You can seek compensation by filing a wrongful death suit if you lose a loved one because of another person’s negligence or actions. There are several things you should know before filing a wrongful death suit. If you lose a loved one in Kentucky in an accident caused by another person, hire a wrongful death lawyer in Kentucky to help you recover the damages.
Causes of Wrongful Death
A wrongful death will occur due to the negligent actions of a specific individual or party. The court will look for elements such as carelessness, incompetence, or failure to act when hearing a wrongful death suit. For example, if a person is crossing the street and a driver runs a red light, hits them, and the victim dies from the injuries, that will amount to wrongful death. Other causes of wrongful death may include death from medical malpractice, workplace accidents, defective products, and nursing home neglect and abuse.
A wrongful death case is a suit brought on behalf of the deceased; the awards usually are the same the deceased person would get had they been alive. There are several damages awarded for wrongful death:
- Loss of income
- Loss of life
- Mental suffering
- Loss of companionship
- Funeral expenses
- And many others
Therefore, discuss with your wrongful death lawyer the damages you will be seeking in court.
Who Can File a Wrongful Death Suit?
The deceased’s personal representative has the right to file the suit. Under Kentucky law, only certain people can file a wrongful death suit for a loved one. They include the spouse, the children, the parents, or the estate of the deceased. The children have to be above 18 years of age to file the suit, but minors can file the suit through a legal guardian.
Statute of Limitations
It is important to know that wrongful death claims are also subjected to time limitations. The statute of limitations usually puts a time limit on the amount of time an individual has to file a wrongful death claim.
If you fail to file a suit within the required time, the suit will be barred eternally. In Kentucky, the statute of limitations for wrongful death is one year from the date of the death, so you have to find a wrongful death lawyer to file a claim as soon as possible.
Proving wrongful death is not an easy task, and the attorney will need enough time to prepare. Contact a wrongful death within the correct time to give them ample time to gather all the evidence they need.
Who Gets the Award
In case the court gives an award, the estate of the deceased has to share the whole amount. Priority is usually given to the spouse, followed by the children, the parents, or the deceased’s estate. The heirs have to decide how they will distribute the amount; if no agreement is reached, the court will decide the mode of distribution.
Do I Need a Wrongful Death Attorney?
A wrongful death claim is a long and painful process, and you need someone to help you through it. A wrongful death attorney will take the pressure from you as you continue healing. As the lawyer fights for you in court, you can have time to mourn your loved one.