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What is The Difference Between a Kentucky Wrongful Death Claim and Kentucky Serious Personal Injury Claim

I. What is The Difference Between A Kentucky Wrongful Death and Kentucky Serious Personal Injury Case Note-Some don’t know they have a case. Kentucky Wrongful Death What is wrongful death? Wrongful death is a death caused by the fault of another. A wrongful death can arise from negligence, malpractice, faulty products, or other acts by another party (called the defendant). Most wrongful death claims arise from motor vehicle collisions, medical malpractice, and unsafe or defective products. Once the defendant’s fault is proven, the surviving dependents and beneficiaries are entitled to monetary damages. Damages recovered from a wrongful death claim can be in the form of medical expenses, funeral expenses, pain and suffering, loss of benefits, loss of love and affection (Consortium) and loss of future earnings capacity. The loss of future earnings capacity allows the estate to recover an amount equal to what the victim’s would have earned and contributed to their family had they not lost their lives through the fault of another. These future earnings can greatly benefit the surviving dependents, especially if the deceased produced the main source of income for the family. Some states also allow punitive damages, which are damages that are intended to punish the defendants conduct. Conditions for a Wrongful Death Claim in Kentucky. The defendant must have been negligent or liable for the death of the victim. The defendant must be responsible in whole, or at least contributed in part to the victim’s death. The deceased must have dependants or beneficiaries, such as family members, who have suffered emotional and monetary damages due to the death. Filing a Wrongful Death Claim. A wrongful death claim must be filed within a certain deadline, which is referred to as a statute of limitations. This deadline will vary from state to state. The time usually begins to run at the date of the victim’s death or the appointment of a Personal Representative to administer the Estate of the Deceased. You must consult a Personal Injury Attorney to inform you of the Statute Deadlines in a particular state. Qualified plaintiffs, those who bring the wrongful death claim, are generally spouses, children, or parents of the victim. Some states have extended the qualification to extended family members, grandparents, and legal dependents. Who exactly qualifies as a qualified plaintiff differs from state to state, and this information can be attained from your local authorities. Most Attorneys will be happy to assist you with gathering this type of information. Serious Personal Injury What is Personal Injury? The legal definition of serious personal injury is a bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, disfigurement, loss or impairment of the function of a bodily member, organ, or mental functionality. Examples of the types of damages that can be recovered for such injuries can be in the form of compensation for doctor's bills, time lost from work, medical costs for ongoing injuries, and pain and suffering. The main purpose of these damages are to put the injured in the situation they were before their accident, and allow them to live a lifestyle that is as close as possible to the one they once knew. A Kentucky Serious Personal Injury can occur because of something someone else did, didn’t do that they were supposed to do, or negligently repaired something or didn’t repair it all when they should have. A Personal Injury can occur at work, in an Motor Vehicle Collision, because of a faulty or defective product, because of medical malpractice, or because you slipped and fell on an unmarked wet floor. The physical damage of a personal injury can also be accompanied by psychological damage. If this psychological damage is substantial, and can be proven, damages may be recovered for it as well. How do you know if you have a Personal Injury Case? In order to find out if you have a case against another person, business, or government entity for personal injury, look for some, part, or all of the following check list: o Were you injured due to the fault of another? o Have you had to make several visits to the doctor, physical therapy, chiropractor, or other medical treatments because of the injury? o Have the above treatments resulted in substantial medical expenses? o Has your post-injury lifestyle been altered as a direct result from the injuries sustained from the accident? o Have you lost time at work due to the pain from the injury or the several visits for medical treatments of the injury that has resulted in lost wages? o Do you have trouble sleeping or resting because of the injury? o Has the injury affected your attitude or relationship with friends, family members, or others that are close to you? For additional information on Kentucky Wrongful Death click Here. For additional Information on Kentucky Serious Personal Injury click Here.

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