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Nov 19, 2008

 

Possible Wrongful Death Claim in Yonts Case

Under Kentucky law, a wrongful death has occurred if someone causes the death of another due to negligence, recklessness, or lack of skill. Wrongful death claims are pursued through the civil court system, as opposed to the criminal justice system. It is possible for a person to be tried for a criminal charge of first or second degree murder or manslaughter, and also be tried under civil laws for financial damages caused by wrongful death.

Wrongful deaths usually occur as a result of an unintended and tragic accident. Some of the most common causes occur through drunk driving, reckless driving, institutional abuse, medical negligence or malpractice, defective products or machinery, workplace accidents, premises liability or physical assaults.

The above description definately applies to the recent Yonts case. Harrison Yonts, a student at Murray State University, was first charged with manslaughter for the death of Nadia Shaheen, a graduate student at Murray State University. Shaheen was due to graduate in December. Yonts was leaving a Lambda Chi Alpha party on November 11, when his car struck and killed Shaheen sometime after midnight. Yonts was ultimately convicted of Wanton Murder, Drunken Driving, Tampering with Evidence, and Leaving the Scene of an Accident.

This is a prime example of a wrongful death claim. Nadia Shaheen would still be alive, caring for her children, and working in her new profession, had it not been for the extreme negligence of Harrison Yonts. Lost wages and earning potential would be crucial in this case due to the fact that Shaheen was less than a month away from graduation. In addition to lost wages, and due to the egregious negligence of Yonts, punitive damages would possibly be available in order to financially punish the defendant and deter recurrences of the death-causing act. Unlike some neighboring states, Kentucky prohibits any caps on punitive damages against those responsible for the death or injury of another.

A wrongful death attorney will examine the circumstances of the Yonts case and determine if negligence contributed to the victim's death. If an attorney can find evidence that suggests Shaheen's death could have been avoided, or that another’s negligence caused the death, then the survivors of the deceased have grounds for a wrongful death civil lawsuit.

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