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Kentucky Wrongful Death Claims

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Kentucky Wrongful Death Claims

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Mar 12, 2010

 

Kentucky Wrongful Death Claims

Did the Accident that took the life of your loved one happen in Kentucky.  It does not matter if you live in Kentucky.  Have you lost a family member in a Car, Semi Truck or Motorcycle Accident? Did a loved one recently die in a Kentucky Hospital or Kentucky Nursing Home, and are the circumstances surrounding the death suspicious? Was your child killed in a traffic accident, riding a bike, crossing the street, at a public pool, playground or recreation center? If your answer is ‘Yes’ to any of the above, you have our deepest sympathies. Losing a spouse, parent, child or sibling is never easy, and the healing process takes time and family unity to cope with the depression and sense of loss that an untimely death always brings.

But eventually, as your sorrow fades and you prepare to move forward with your life, you’ll begin by putting your financial house back in order. If your spouse has died, how will you cover the losses in income that the death has brought? If a child is dead, who will pay for the emotional loss and heartbreak, and the pain and suffering the child endured before death? Dozens of tough questions like this will come up, and you’ll need answers fast.

Your insurance company may have answers to these questions, but most likely they won’t be the comforting answers you should expect. New ways to turn a profit are at a premium in the insurance industry, and chipping away at legitimate claims from policyholders has become the ruthless path of least resistance for many insurance companies.

While there has always been some measure of haggling when dealing with insurance companies and their adjusters, in the past this has usually been limited to property damage claims. But in recent years, in search of bigger harvests of revenue, insurance carriers have turned their dispassion toward those injured and killed by the negligence of those they insure. In many states across the country, insurance companies are making rapid “progress” in the area of casualty claims denials and reductions.

If you’ve lost a loved one in Kentucky through the fault of someone else, Daryl T. Dixon can help you obtain the compensation you deserve for your loss. While no value can be placed on a human life, Daryl can help ensure that your loved one’s death never puts undue financial strains or disadvantages on you or your family.

 

More about Wrongful Deaths in Kentucky

 

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.

Perhaps the most famous example of this in American history was the second O.J. Simpson trial that occurred in 1997. After Simpson was acquitted of first-degree murder in a trial conducted under California’s criminal laws, a wrongful death lawsuit was initiated against Simpson in civil court. At the conclusion of the civil case, a jury found Simpson liable for the slayings of his ex-wife and her friend and ordered him to pay $33,500,000 to the Brown and Goldman families. Much of Simpson’s income was protected under California’s pension laws, but the families were able to seize millions through the liquidation of Simpson’s assets.

In most cases of wrongful death, however, the circumstances don’t involve the charge of first-degree murder or a millionaire defendant. 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.

Few private citizens can offer adequate financial compensation to a family after the death of a loved one, but insurance carriers have the power to help survivors of wrongful death victims close the financial gaps that occur following the death. In addition to lost wages for the life expectancy of the deceased, other factors are used to calculate the financial loss of an untimely death. In cases where it can be proven that the defendant acted with intentional, malicious, or egregious negligence, punitive damages can be sought to financially punish the defendant and deter recurrences of the death-causing act.

But having the ability to help a grieving family financially and the willingness to do so are two separate things for most insurance carriers. Insurance companies routinely divorce themselves from the compassion that families coping with a loss of a loved one should expect. Instead of helping the family secure a financial future, insurance companies often use the period of mourning to shore up defenses and find ways to sidestep their financial and legal obligations to survivors.

A wrongful death attorney can examine the circumstances of the death and determine if negligence (intended or not) contributed to the demise of the victim. If an attorney can find evidence that suggests the 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.

Unlike many neighboring pro-business states like Virginia, Indiana and Ohio, Kentucky prohibits any caps on punitive damages against those responsible for the death or injury of another. Despite annual efforts to overturn this important right to the survivors of wrongful death victims, Kentuckians’ rights to full and reasonable compensation for wrongful death remains intact. Helping you exercise those rights is the job of an experienced attorney like Daryl T. Dixon.

In any case that involves large sums for injury or death caused by negligence, an insurance company will spend lavishly on attorneys rather than pay victims of injury. In such cases, it is vital to have an attorney who understands the obstacles facing Kentucky families in cases of serious injury and wrongful death, and can compel juries to this understanding through outstanding courtroom skills. Daryl T. Dixon has helped many families across Kentucky get the compensation they are entitled to after the death of a loved one.

Daryl T. Dixon has experience negotiating wrongful death claims with many of the leading insurance carriers of Kentucky in cases involving:

 

Motorcycle Accident Fatalities

 

In contrast to a stable or declining rate of highway deaths involving other vehicles, deaths among motorcycle riders nationwide have doubled since 1997. Many of these fatal accidents are caused by the failure of other drivers to obey the rules of the road and respect the rights of bikers.

Daryl T. Dixon believes strongly in the rights of those who choose to ride motorcycles. If you’ve lost a loved one in a motorcycle accident in Kentucky, contact the Law Offices of Daryl Dixon today.

 

Drunk Driving

 

In 2004, about 32 per cent of all traffic fatalities in Kentucky were alcohol related. In relative terms, this was a low figure compared to the national average (39 per cent), and placed the Blue Grass State behind just Iowa, Alaska and Utah as the state with the lowest ratio of alcohol-related deaths. But facts and figures mean nothing to the families of those who’ve died at the hands of drunk drivers.

Drunk driving is a criminal and reckless act that has taken the lives of thousands of innocent and responsible drivers and passengers. Those who commit this crime must be held responsible, and their insurers should provide fair compensation owed to the survivors of victims of drunk driving. In Kentucky, Daryl T. Dixon can help your family get justice in the case of a drunk driving injury or fatality.

 

Institutional Deaths

 

Residents of nursing homes, inmates in penitentiaries and patients at psychiatric care facilities all rely on the institutions in which they live for food, medical treatment and their own personal safety. Doctors, orderlies, guards, and other workers at such facilities are responsible for the health and humane treatment of patients and prisoners alike. If you have a loved one that died under vague or suspicious circumstances while incarcerated or committed, Daryl T. Dixon can assist you in carrying out a complete and thorough investigation of the death. If grounds for a wrongful death claim are discovered, Daryl can help you and your family get the compensation you deserve.

 

Daryl T. Dixon: Working for the Families of the Blue Grass State

 

In Kentucky, Daryl T. Dixon has made representing plaintiffs in wrongful death cases a priority. Daryl puts all of his considerable efforts and skill towards both holding the responsible parties accountable, and securing compensation for the families of the victims of wrongful death.

The insurance companies simply view you and your grief as something that can be negotiated and bought off at a bargain. Daryl knows what your loss means to you, and every effort he makes on your behalf will reflect that. If you have lost a loved one due to wrongful death, contact the Law Offices of Daryl T. Dixon for a free legal consultation today.

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