Losing a loved one, no matter the circumstances, is a deeply emotional and often traumatic moment, no matter how well prepared you may be for that loss. It can become even more so when the death comes without warning as a result of someone else’s negligent, reckless, or wrongful actions.
One of the most important things you can do in these situations is to speak with a Louisville wrongful death lawyer. At Thomas Law Offices, we understand the emotional upheaval that the death of a loved one can cause. We have years of experience helping families find some measure of comfort when those responsible for their loved ones’ demise are held accountable.
Contact our firm today to learn more about your legal options and begin crafting a plan of action that puts you and your family in the best position possible moving forward. We’re committed to providing our clients with the dedicated and knowledgeable representation they deserve in their time of need.
What is Considered Wrongful Death?
Under Kentucky law, wrongful death is described as:
“Whenever the death of a person results from an injury inflicted by the negligence or wrongful act of another, damages may be recovered for the death from the person who caused it, or whose agent or servant caused it. If the act was willful or the negligence gross, punitive damages may be recovered. The action shall be prosecuted by the personal representative of the deceased.”
Being able to prove that a wrongful act caused a death is key when building this type of lawsuit. Your attorney will work closely with you to help develop a clear picture of what led to the tragic moment and clearly establish fault. Some key examples of wrongful acts include:
- Negligence: Negligence is another way of saying carelessness. It is when someone does not provide a standard of responsibility to another person. For instance, if a surgeon performs a procedure when they are fatigued or aren’t paying attention to a patient’s medical history, you could make a case for a medical malpractice lawsuit. This is not an intentional act but simply being careless with what you have been asked to provide.
- Gross Negligence: Gross negligence is a version of extreme carelessness. This can be attributed to a driver who speeds up and causes an accident that leads to death. A person who neglects a nursing home resident and contributes to their passing or a property owner who doesn’t repair a floor that causes someone to trip and hit their head are examples of this type of wrongful action.
- Recklessness: A conscious disregard for the safety of others is considered a reckless act. For example, someone who drinks and drives willingly puts themselves in a situation where they could lose control of their car and cause a fatal crash. If they weren’t being reckless, they would call for a ride-share or have someone else take them home.
- Intentional Misconduct: A criminal assault that results in a death is an example of intentional misconduct. Whether this is a deliberate act or the result of a death in the commission of a crime, it is considered intentional. In other words, the at-fault party intentionally engaged in conduct that caused a death.
What Kinds of Damages Can I Recover in a Wrongful Death Lawsuit?
There are two key goals with every wrongful death case: to hold the negligent party accountable for their actions and to recover financial compensation for the surviving family and loved ones. An experienced law firm can help you fight for and recover damages, including:
- Medical bills
- Funeral and burial expenses
- Loss of financial support from the deceased
- Loss of consortium
- Pain and suffering
- Punitive damages
Each case can vary considerably, and how our Louisville wrongful death lawyer will prepare for and craft a plan of action puts you in the best position possible. We will work with you to explore every option to fight for and secure the maximum compensation possible.
What is the Statute of Limitations in Kentucky?
Each state has a statute of limitations restricting your time to file a lawsuit. In Kentucky, you must file a wrongful death lawsuit within one year from the time of the accident. This pertains to filing the complaint in civil court. You might make an initial claim with an insurance company and then move into a civil complaint.
The time starts from when the cause of the wrongful death is first discovered or from the time the cause should have been found with reasonable care.
It is important to note that not all wrongful deaths happen instantly. There could be a situation where someone is injured in an accident and goes through a recovery process, only to eventually succumb to their injuries, illness, or other trauma.
In instances where the death is delayed from the specific time of the accident, and you have filed a personal injury lawsuit to recover initial damages, you are not restricted from then filing a wrongful death lawsuit.
Work With a Louisville Wrongful Death Lawyer You Can Rely On
Dealing with the death of a loved one caused by negligence is complex and emotionally taxing. Our Louisville wrongful death lawyers understand how difficult this time can be and are ready to offer compassionate support to help guide you through the process.
If you lost your loved one due to the reckless, negligent, or harmful actions of another person or party, it’s essential to work with a law firm you can trust. Schedule a free case consultation by filling out our online form to talk to an attorney at Thomas Law Offices.
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