Losing a loved one is devastating. The pain of loss may be compounded by anger and frustration when a loved one’s death was caused by someone else’s carelessness or negligence. At such a difficult time, you should seek trusted legal guidance. The right Lexington law firm can guide you through a difficult time and help your family seek answers and compensation for your family’s loss.
At Morgan, Collins, Yeast & Salyer, our compassionate wrongful death attorneys are ready to help Lexington families after the accidental death of a loved one. We’re native Kentuckians who care deeply about our neighbors and our community. The pursuit of justice should not depend on whether you can afford to hire a personal injury lawyer. We firmly believe that everyone should have access to experienced legal counsel. Our attorneys handle wrongful death cases on a contingency fee basis. We do not charge any upfront fees, and only get paid if we recover compensation for you.
When you need help after the loss of a loved one in Lexington, turn to Morgan, Collins, Yeast & Salyer. We’re available to talk with you 24/7. For a free consultation, give us a call at (877) 809-5352 or get in touch with us online.
Lexington Wrongful Death Law
While many people wonder, “what is wrongful death?” the concept behind the legal term is actually rather simple. Under the law, a wrongful death occurs when someone dies because of the negligent actions or misconduct of another party. That means that if someone else’s actions or inaction played a part in your loved one’s death, you may be able to hold them accountable by filing a wrongful death lawsuit.
It’s important to know that a wrongful death claim is a civil lawsuit and is entirely different from any criminal case involving your loved one’s death. Criminal charges are pursued by the state of Kentucky within the criminal justice system.
The survivors of the deceased can seek financial compensation for their losses in civil court by filing a wrongful death lawsuit. You may file a wrongful death lawsuit regardless of whether the wrongdoer faces criminal prosecution. A person who caused a wrongful death may be held accountable through a wrongful death claim regardless of the outcome of any criminal prosecution.
How Do Wrongful Deaths Occur?
Wrongful death accidents happen every day, whenever someone’s recklessness or carelessness causes the loss of another person’s life.
The most common grounds for wrongful death claims include:
- Car accidents. More than 30,000 people are killed in car accidents in the United States every year. Many of the deaths are preventable crashes caused by other motorists’ aggressive, inattentive, or impaired driving.
- Motorcycle accidents. Motorcycle riders are vulnerable on the road, and even a low-speed accident may lead to fatal injuries.
- Truck accidents. Because of their size, weight, and wide turning radius, semi-trucks can cause fatal injuries to occupants of smaller vehicles in crashes. Through a wrongful death claim, survivors of a truck crash victim may seek compensation from the at-fault truck driver, the trucking company that employed the driver, and others who were responsible for your loved one’s death.
- Defective products. A product with a defective design or unknown side effects can cause devastating injuries and even death. The manufacturer may be held financially responsible for an unsafe product that causes fatal side effects.
- Deaths result from criminal acts such as robbery or murder. When criminal acts result in death, the individual who committed the crime may be held financially accountable through a wrongful death suit, in addition to facing criminal prosecution.
- Medical malpractice. If a medical professional’s failure to follow the recognized standard of care in treating a patient leads to a fatal injury, the patient’s family may be entitled to demand justice and compensation through a wrongful death claim.
- Boating accidents. Accidents on the water can have deadly consequences, When a boater fails to use proper care in handling a boat and causes a drowning or death as a result of carelessness or negligence, the boat accident victims’ survivors may bring a wrongful death claim against the negligent boater.
- Slip-and-fall accidents. When guests or customers are on someone else’s property, the property’s owner has an obligation to keep them safe. But slip-and-fall accidents can lead to head injuries, traumatic brain injury, internal organ damage, and other potentially fatal injuries.
How Are Wrongful Death Claims Proven?
To prove wrongful death, you need to show that someone had a responsibility to your loved one and that the person’s negligence or wrongful act resulted in your loved one’s death. For example, let’s say a person died in a Lexington car crash caused by another motorist who sped through a red light. In that case, the deceased’s family would need to show that the at-fault motorist had a legal duty to drive with reasonable caution and violated that duty by speeding through a red light at a Lexington intersection and that that negligent driving caused the accident victim’s death.
If you have questions, such as, “how do you prove wrongful death in my case?” contact Morgan, Collins, Yeast & Salyer today to speak with a wrongful death attorney in Lexington, KY.
When Is a Wrongful Death Claim Applicable?
A wrongful death claim may be appropriate whenever the negligence or wrongful actions of one party cause the death of another.
To put it another way, a wrongful death claim is applicable in any personal injury situation in which the victim has died. This could include instances in which the death was deliberate, such as violent assault that result in death, or a fatal accident in which the death is the result of careless or reckless behavior.
What Is a Wrongful Death Lawsuit?
Losing someone because of an accident or a crime can mean that surviving family members and spouses don’t have the financial, physical, and emotional support they have relied upon.
A wrongful death lawsuit is a tool that the immediate family of a deceased person may use to seek not only justice but also a measure of financial stability. No amount of money will replace your lost loved one. But your family should not have to endure financial stress and hardship because your loved one was killed by someone else’s reckless behavior.
Compensation sought through a wrongful death lawsuit can replace your loved one’s household support and provide financial stability, helping surviving families rebuild their lives.
What Damages Are Available in a Wrongful Death Lawsuit?
Depending on the nature of the incident, a wrongful death lawsuit may demand compensation for various types of losses and expenses associated with your loved one’s death.
Compensation for various types of losses include:
- Funeral expenses. You may seek reimbursement for the costs of your loved one’s funeral and burial expenses.
- Lost earnings. When a family member passes away, the immediate survivors may lose the income and household support they depended on to pay the monthly bills. You may seek compensation for the loss of your loved one’s household support as part of a wrongful death claim.
- Medical bills related to injuries. In many cases, those who pass away have received significant medical care prior to their death. Your family should not be saddled with those medical bills.
- Loss of care and companionship. Through a wrongful death lawsuit, you may seek compensation for the non-financial aspects of your loss.
- Punitive damages. Punitive damages exist to punish intentional or grossly negligent acts and to deter people from similar behavior in the future. An experienced Lexington attorney can help you understand if punitive damages may be sought in your particular case.
To learn more about the compensation that could be available to you, get in touch with a wrongful death lawyer in Lexington about your case.
Who Can File a Wrongful Death Claim in Lexington?
Under Kentucky law, the personal representative of someone who wrongfully died can bring a wrongful death claim. This is typically the person named as executor in the deceased’s will. In cases where no will exists, it’s often a spouse or family member who can bring the claim.
Time Limits for Filing a Wrongful Death Claim
In Kentucky, there are limits on how long you have to file a wrongful death claim. In general, you’ll have one year from the appointment of a personal representative of the estate to bring a claim. If a representative is appointed more than a year after your loved one’s death, then the action needs to be brought within two years from the date of passing.
If you don’t bring an action within these time limits, Kentucky courts will likely dismiss your case. Talk to a helpful Lexington wrongful death attorney at Morgan, Collins, Yeast & Salyer about how much time your family has to file a wrongful death lawsuit and seek justice on behalf of your loved one.
Contact Our Lexington Wrongful Death Lawyers Today
If your loved one has passed away and you believe that someone else is to blame for the death, contact a wrongful death lawyer at Morgan, Collins, Yeast & Salyer today. Our Kentucky Courage lawyers in Lexington are ready to pursue the justice that you and your family member deserve.
You can contact us anytime for a free and confidential consultation about your case. We’re ready to answer your questions and explain your options.
For your free consultation, call us now at (877) 809-5352 or reach out online.
