The loss of a loved one is always shocking. When someone else’s negligence played a role in their death, the law allows the surviving family members to take legal action in an attempt to hold the at-fault party accountable and seek compensation to ease the financial burdens associated with the loss. If you find yourself in a situation like this, an Owensboro, KY wrongful death lawyer from Thomas Law Offices can help.
Common Causes of Wrongful Death
A number of situations have the potential to result in wrongful death, but some are more common than others. In the past, we’ve seen clients with cases involving the following:
- Auto Accidents. Anytime a driver is negligent behind the wheel, they are putting others’ lives at risk. Examples of negligence, regardless of whether someone is operating a car or truck, include driving under the influence of alcohol or drugs, distracted driving, and disobeying traffic laws.
- Medical Malpractice. Doctors, nurses, and other medical professionals are supposed to provide us with the care we need to get better. When that doesn’t happen because of a medical error and someone dies, the at-fault physician should be held accountable.
- Product Liability. New products, devices, and medications are released into the market every day. Not all of those products, however, are safe to use. When poor planning or cost-cutting happens and results in a defective product, it could cause serious harm to a consumer.
- Nursing Home Abuse. When a long-term care facility fails to provide our loved ones with the care and attention they need and deserve, there’s a chance they could develop fatal injuries or conditions.
If you don’t see your loved one’s accident discussed above, it doesn’t mean you do not have a valid injury claim. Thomas Law Offices can evaluate your family’s situation and determine how best to proceed.
What to Do After the Loss of a Loved One
It’s normal to be in a state of shock for days or hours after you’ve learned your loved one has passed. Depending on the circumstances, you may be dealing with funeral and burial plans or planning a celebration of life. When you’re dealing with those matters, you don’t want to have to worry about insurance companies or paperwork. Fortunately, that’s what we’re here for.
If you are at the accident scene, talk with police officers and potential witnesses, if possible. Whatever information you can get can help your lawyer at a later date. Within the first days or weeks of your loved one’s passing, you may start to get phone calls from insurance companies. If that happens, do not give a statement or sign anything. A statement could jeopardize your chance at financial recovery, as could signing something.
Get in touch with a wrongful death lawyer as soon as possible. We understand how difficult this time is, but we’re also aware of the time limits in place when it comes to taking legal action. If someone’s negligence caused your loved one’s death, they should be held accountable.
In addition to holding them accountable for the faulty actions or inactions, filing a claim will also allow you to seek compensation. While we know the money will not bring your loved one back, it could secure your family’s future.
Compensation for a Wrongful Death
Damages for a wrongful death lawsuit typically fall into two broad categories. Your lawyer will be able to evaluate your case and determine what it should be valued at and how to pursue that compensation best.
The first category permits recovery of damages your loved one experienced from the moment their accident occurred until the time of their death. If, for example, your loved one was in a car accident and was hospitalized for a period of days or weeks, that time and the related expenses are compensable. The particular losses your attorney might look to include are medical costs, mental or physical pain and suffering, lost wages, and funeral and burial expenses.
The second category of damages covers the losses experienced by the next of kin. This is meant to compensate the family survivors for their financial losses. Typically, this means replacing the value of money the deceased would have earned if not for their untimely death. In addition to those lost wages, anticipated retirement and benefits can be included as well. In some cases, loss of consortium may also be awarded if the spouse, children, or immediate family members are deprived of the deceased’s love and companionship. This is most often granted when an adult parent dies and leaves behind minor children.
Regardless of your claim’s value, an Owensboro wrongful death attorney will fight for your right to the fair compensation that will give your family the ability to move forward together.
Seek Justice for Your Loved One With Thomas Law Offices
No matter what your family has been through, you deserve the chance at a secure future. The loss of a loved one can put holes in many parts of your life, but an Owensboro, KY wrongful death lawyer can help you manage the financial losses so you can find ways to honor your family member and not worry about the ability to pay bills or put food on the table. To learn more about the claims process, contact us today.
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