If a person you love passed due to someone else’s careless or reckless actions, Kentucky law allows you file a lawsuit against the liable party to pay compensation for your loved one’s funeral, burial, pain and suffering, and other damages.
At David Bryant Law, our attorneys can handle wrongful death lawsuits against doctors, hospitals, nursing homes, or anyone else who is at fault for your loved one’s death. We will work hard to make sure you receive the financial compensation that every grieving family deserves.
We specialize in wrongful death claims and have experience in working with the victim’s family to deliver the claim through a successful resolution.
The sooner you start investigating the death of your loved one, the better chance you have of obtaining compensation and holding the liable party accountable. If you are unsure of your next steps, contact a Louisville wrongful death attorney today.
What is Considered a Wrongful Death?
Wrongful death is the legal term that describes a person’s death as a result of another person’s negligence, carelessness, or wrongdoing.
Wrongful deaths can happen in many different situations with some common examples being a negligent surgeon, misdiagnosis by a medical professional, or a motor vehicle accident caused by a drunk driver.
Wrongful death is a type of personal injury claim that is typically filed by family members to claim damages on behalf of someone who has lost their life.
The Wrongful Death Lawsuit Process
When a person is in the unfortunate position of losing a loved one, the first thing we do is assess what sort of legal options are available to them. In order to be eligible for compensation in a wrongful death lawsuit, we must prove that negligence, and not just an accident, caused the victim’s death.
If we can establish another person or entity’s negligence led to your loved one’s wrongful death, you may be eligible for financial compensation. For example, if a drunk driver killed your loved one, you may be able to recover damages for the family’s loss of income and support. The death might have been avoided had the other driver decided not to drive under the influence of alcohol.
For a wrongful death claim to hold up in court, we must show that another person breached their duty of care to the victim and was responsible for his or her death.
The final element we need in order to file a wrongful death suit is proof that the victim’s family suffered damages or experienced a financial loss as a result of death. These damages and losses could include funeral expenses or lost wages.
After determining the responsible party and taking into account any possible financial loss, your attorney can begin to negotiate on your behalf with the responsible party or their representatives.
If the defendant doesn’t settle or offers less than you deserve, we will file your case in court and retain expert witnesses to help prosecute your case.
What Damages Can a Victim’s Family Recover in a Wrongful Death Case?
Depending on the specifics of the case, the victim’s family members may be eligible to recover the following damages in a wrongful death lawsuit:
- Medical, funeral, and burial expenses
- Conscious pain and suffering
- Loss of consortium
- Lost wages and earnings
- Punitive damages
Medical, funeral, and burial expenses are among the most common damages in a wrongful death lawsuit. The victim’s family may be eligible to recover the medical expenses incurred as a result of the injury and any funeral or burial expenses they may have as a result of the death.
Conscious pain and suffering is the pain and suffering a person experienced while still alive. If the victim of a wrongful death expressed pain or was aware of their impending death while they were still alive, then the victim’s family may be able to recover this type of damage.
Loss of consortium is a type of damage meant to compensate the victim’s family for the emotional and social benefits that the victim would have provided them if they had not died. This includes the loss of companionship and the victim’s emotional support as a spouse or parent.
Lost wages and earnings refer to the wages that the decedent would have made had they not passed away. Our death lawyers work with expert witnesses to help determine lost earnings, based on the victim’s employment history.
Punitive damages are a rarely awarded form of compensation that is meant to punish the defendant for their egregious actions. They are intended to deter future harm caused by similar conduct, and can be awarded in Kentucky only if a jury finds the defendant to have acted with “oppression, fraud, or malice”.
Causes of Wrongful Death in Louisville
Wrongful death could come about due to many different scenarios including things like:
- Car accidents
- Semi-Truck accidents
- Motorcycles accidents
- Pedestrian accidents
- Bike accidents
- Fatal slip and fall accidents
- Medical malpractice
- Fatal work accidents
- Nursing home abuse or negligence
- Boating accidents
Free Consultation with David Bryant Law
After a wrongful death, you may be overwhelmed with grief and unsure about your future. The costs of losing someone you love are incalculable and involve both emotional and economic loss. You need an advocate by your side who can help you hold the responsible parties accountable for their negligent actions.
The attorneys at David Bryant Law have devoted their careers to protecting the rights of Louisville, Kentucky residents in wrongful death lawsuits and can help you better understand your legal rights. Contact us today for a free consultation to learn more about how we can help you.
