Have you lost a family member in a car, truck, or motorcycle crash? Did a loved one recently die in a Kentucky hospital or nursing home, and are the circumstances surrounding the death suspicious? If your answer is ‘Yes’, you have our deepest sympathies. Losing a loved one is never easy, but with help from a Paducah wrongful death lawyer, you can find the road to recovery.
After losing a loved one, you’ll experience a barrage of emotions. As your sorrow fades and you prepare to move forward with your life, you’ll begin to put your finances back in order. If your spouse died, how will you cover the loss in income? If a child died, who will pay for the emotional loss and heartbreak you and your significant other are experiencing? What about the pain and suffering your child endured? 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 they won’t be the answers you want to hear. Insurance companies don’t offer extra compensation for deaths that occur due to negligence or unfair circumstances. Many insurers are quick to deny or reduce claim amounts where a casualty occurs. Why is that? One simple answer: Profit. Insurers, like most corporations, are becoming increasingly focused on increased revenue. This means they will try and cut corners however they can.
If you’ve lost a loved one in Kentucky through the fault of someone else, you need help from someone who’s on your side. 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.
Wrongful Death Laws in Kentucky
Under Kentucky law, a “wrongful death” is defined as “the death of a person (that) results from an injury inflicted by the negligence or wrongful act of another”. This wrongful behavior may be intentional, such as assault, or unintentional, such as negligent, careless, or reckless acts. When a family loses a loved one due to such an act, they are eligible to file a wrongful death lawsuit against the guilty individual, party, or institute. This can allow the family to become financially stable and emotionally recover.
Most wrongful death lawsuits or claims are filed because of an unintended and tragic accident. Some of the most common accidents include the following:
- Car accidents caused by reckless driving
- Drunk driving accidents
- Truck accidents
- Pedestrian accidents
- Motorcycle accidents/Bicycle accidents
- Medical malpractice or negligence
- Nursing home abuse or neglect
- Defective products/Dangerous drugs
- On-the-job accidents such as machinery accidents
- Premises liability accidents
Only certain family members are eligible to file a wrongful death claim in Kentucky. Before a claim can be filed, the state’s probate court must appoint a personal representative for the deceased individual’s estate. This representative must be the one who files the claim. Wrongful death claims are civil cases and differ from any criminal charges which may already be in place. Essentially, a wrongful death claim acts to allow a family to move forward by receiving compensation from the responsible party.
Any compensation received can go towards the following:
- Funeral and burial expenses for the deceased individual
- The reasonable costs for pursuing the wrongful death claim
- Loss of care costs, loss of wage costs, and loss of companionship, guidance, and support costs
These funds are awarded to the following family members in the listed priority below in the state of Kentucky:
- The surviving spouse and/or any surviving children (if there are more than one, the amount is split evenly)
- The surviving parent or parents
- The estate or any individuals named on the deceased individual’s will
In Kentucky, a family has a period of one year to file a wrongful death claim against a guilty party or individual after a loved one’s death or the date of the accident which led to death. This period is what is commonly referred to as a statute of limitations. If you don’t file within this period, you will be unable to do so.
How Can a Paducah Wrongful Death Lawyer Help?
Wrongful death lawsuits are extremely complex, but can give a grieving family the freedom to find closure. Filing a claim will not bring back a loved one, but it will send a message to the guilty party that cannot be ignored. Anyone who drives recklessly or behaves carelessly and proceeds to cause another human being to die should learn the ramifications of their actions. Wrongful death claims give citizens the power to deliver that message in a potent way.
When you hire a wrongful death attorney, they’ll be able to examine the circumstances of the death and determine if negligence (intended or not) was a contributing factor. 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 civil lawsuit.
Upon a filing a claim, you will inevitably find yourself going up against a powerful insurance company or corporation that will fight you every step of the way. In such cases, it’s vital to have a lawyer who understands the obstacles facing Kentucky families and can compel juries through outstanding courtroom skills. Daryl T. Dixon, Paducah wrongful death lawyer, has helped many families across Kentucky get the compensation they are entitled to after the death of a loved one.
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.