London, KY Wrongful Death Attorney
Kentucky Lawyers Working with Families in Central & Eastern Kentucky
Being prematurely robbed of a loved one’s company is one of the greatest tragedies any of us can endure, and the grief that follows may be even more intolerable when we know that another person or party is responsible.
Under Kentucky state law, if you have reason to believe that the negligence or misconduct of a driver, property owner, healthcare professional, or corporation led to the death of a family member, you have the right to file a wrongful death suit on their behalf. At Bruce Bentley, Attorney At Law, we know that no amount of legal action is going to bring your loved one back, but we believe that by holding irresponsible individuals and companies accountable for their actions, survivors can reduce the chances of similar tragedies befalling another family in the future.
Filing a successful wrongful death suit also allows family members to receive damages that can be used to help pay for medical bills, lost income, and funeral expenses related to an unexpected loss. It may be hard to consider pursuing legal action while you and your family are overcome with grief, but the sooner you speak to an experienced London wrongful death attorney, the better chance you have of receiving financial compensation for your loss.
Schedule a free consultation with a compassionate and skilled Kentucky wrongful death lawyer today if you have reason to believe that a corporation or person played a role in your loved one’s untimely passing.
What Qualifies As “Wrongful Death” In the State of Kentucky?
Pursuant to Kentucky Revised Statutes § 411.130, a wrongful death occurs when the death of the victim results from “negligence and/or the wrongful act(s) of another.” The negligent and/or reckless behavior that causes death may be unintentional or intentional, such as assault.
The close, surviving family members of someone who has been wrongfully killed can file a claim to cover losses related to the death. This includes spouses, children, parents, and anyone else who can prove they were financially and/or emotionally dependent on the decedent.
Compensation that may be available in a Kentucky wrongful death claim includes:
- Funeral and burial expenses
- The loss of the care, companionship, guidance, and support of the deceased
- Punitive damages (if the death was caused by an intentional act or gross negligence)
- Legal fees
Common Causes of Wrongful Death
To have a viable wrongful death claim, the injury that led to death must be inflicted by the negligence or wrongful act of another person or by an entity like a corporation. For instance, a wrongful death claim involving a car wreck may be filed against the motorist who caused the accident, whereas a wrongful death claim caused by a defective product may be filed against the company that manufactured or distributed the product.
Wrongful death claims generally involve the following types of accidents:
- Motor vehicle crashes, especially accidents involving large trucks, pedestrians, motorcycles, and/or drunk or distracted drivers
- Slip and fall accidents, such as falling from a height when faulty construction site scaffolding breaks
- Medical malpractice, such as when an anesthesiologist accidentally uses too much anesthesia and overdoses a patient
- Criminal acts, such as assault, domestic violence, and robbery
- Work-related accidents, such as being exposed to deadly levels of asbestos or toxic chemicals
Can I Sue For Emotional Distress?
When a person dies in a wrongful way, it can leave their loved ones traumatized and emotionally distraught. If you are suffering emotion distress due to the undeserved passing of your loved one, you have the right to pursue compensation. Let us help you take legal action in seeking justice.
How Can I Prove Emotional Distress?
Similar to most legal cases, winning requires that you provide proof. You will likely need to prove that the wrongful death of your loved one is the cause of your emotional distress by opening up about the ways that your life has been negatively impacted due to your distress. Emotional distress often shows itself in fear, anxiety, difficulty sleeping, difficulty driving, difficulty taking care of family, and more. Additionally, your friends and family will likely need to testify on your behalf in order to prove your case.
The Role of the Personal Representative in Wrongful Death Suits
It’s important to understand that only a designated personal representative can file a wrongful death suit on behalf of a deceased individual. Personal representatives are either named in the will of a decedent or appointed by the probate court. If the personal representative is successful, the damages awarded can be distributed among both the estate and surviving family members. Ask an experienced Kentucky wrongful death attorney about the role of the personal representative and what criteria are used by a probate court to appoint one in the absence of a will.
We want to help answer your questions and make sure you understand the legal process involved in filing a wrongful death suit. We’re proud of our record for recovering millions of dollars in damages in personal injury cases and we’re confident that we can help you achieve a favorable outcome if you are seeking financial justice after the unnecessary death of a loved one.
Call (606) 332-2494 to schedule a free consultation with a knowledgeable Kentucky wrongful death lawyer to take the first step in moving forward. Bruce Bentley, Attorney At Law represent families throughout Central and Eastern Kentucky.