Wrongful Death

Wrongful Death Attorney in Paducah, Kentucky

Wrongful Death Attorney in Paducah, Kentucky

The loss of a partner, child, or other family members in an accident caused by someone else’s negligence or disregard for safety creates long-term grief and yearning. If you have lost someone because of the negligence of others, consult our Kentucky wrongful death attorneys today.

The first intense feelings of sorrow and despair may give way to rage and anger over an avoidable loss, as well as more practical worries about how to manage the home and pay the monthly expenses without the assistance of a loved one.

If someone is killed due to another’s misbehavior or carelessness, their survivors may claim wrongful death. This kind of litigation is intended to compensate the survivors for their losses. Among the different types of losses are lost wages, lost companionship, and burial costs.

Numerous wrongful death lawsuits arise as a result of a criminal investigation into the event. While you may utilize evidence from the criminal trial in the civil case, the bar of proof is considerably lower. It is not necessary for the person held responsible for the death to have been convicted criminally for the death.

Our wrongful death attorneys have a proven track record of obtaining substantial settlements on behalf of individuals who have suffered severe losses, including the death of loved ones in wrongful death incidents. If the insurer is prepared to admit responsibility, a wrongful death lawsuit may be resolved.

In Kentucky, our personal injury law firm has fought for the rights of wounded individuals and bereaved families. Farmer and Wright, PLLC Attorneys strive to get justice for families in a Kentucky court. Our strategy ensures that tried-and-tested wrongful death attorneys represent your family.

What is the Wrongful Death Statute in Kentucky?

According to the Commonwealth of Kentucky’s civil laws, a wrongful death occurs when a person dies due to another’s carelessness or unlawful conduct.

 

You may collect compensation via a lawsuit against the person or company that caused early death or whose representative contributed to the death. These cases may emerge from different types of fatal injuries, including the following:

 If you have lost a loved one due to the negligence of others, call to us for help. Our Kentucky wrongful death attorneys will ensure that you get the compensation you deserve. 

Who Can File a Lawsuit for Wrongful Death?

In Kentucky, a wrongful death lawsuit is filed on behalf of surviving family members by the dead individual’s representative, usually the executor of the deceased’s estate. Usually, the personal representative is a spouse or the next living relative.

  • Any money obtained via a claim is divided to the deceased’s next of kin in the manner prescribed by law:
  • If the deceased leaves a spouse but no children or grandchildren, Kentucky law provides that any money obtained via a lawsuit is distributed to the spouse after burial expenses, outstanding medical bills, court costs, and legal fees have been paid.
  • If the dead person leaves a spouse and children, the spouse gets half of the recovered funds, while the children receive half.
  • If the decedent leaves a kid or children but no spouse, the child or children get the whole estate.
  • If the dead lacked a spouse or children, the deceased’s parents are entitled to a portion of the recovery.
  • If the dead did not leave a spouse, child, or parent, the money collected becomes part of the deceased’s estate and is dispersed to more distant relatives, as Kentucky law requires.

If you have lost a loved one due to the negligence of others, call to us for help. Our Kentucky wrongful death attorneys will ensure that you get the compensation you deserve. 

 

Elements of a Wrongful Death Lawsuit

These factors must exist for a wrongful death lawsuit to be successful:

  •  A person died.
  •  The death was caused by another person’s carelessness or malicious intent to inflict damage.
  • Surviving family members who suffer financial loss as a result of the death.
  • The estate of the deceased has been assigned a personal representative.
 

Available Damages

Financial harm is the primary metric used to determine the number of damages awarded in these cases. The courts define economic or monetary damage to include the loss of financial assistance and services, the possibility of inheritance, and funeral and hospital costs.

Kentucky laws require that damages awarded be ‘fair and reasonable’ compensation for the financial losses incurred from the person’s death. Those who paid for the individual’s medical treatment and funeral expenditures may be reimbursed for these costs.

How Are Losses Calculated in Kentucky?

When calculating financial losses, it is customary to consider the person’s character, age, condition, earning potential, length of time he could have lived, intellect and health, and the beneficiaries’ overall circumstances. This may seem straightforward, but it is often not. 

A significant element in determining damages is the deceased’s circumstances at the time of his death. If he has dependent children, the primary components of rehabilitation are income loss and parental guidance loss. A jury may examine the individual’s wages at the time of his death, his last known earnings if he was unemployed, and his future earning potential.

If you have lost a loved one due to the negligence of others, call to us for help. Our Kentucky wrongful death attorneys will ensure that you get the compensation you deserve. 

Recoverable Damages

You may pursue the following types of compensation in a wrongful death claim:

  • Health-care costs
  • Funeral costs
  • Recompense for Injuries suffered before death – If a person survives an injury for a length of time before dying, you may seek compensation for pain and suffering during this time.
  • Compensation for Lost Money—you may claim payment for the money your loved one would have earned if they hadn’t died in a terrible event.
  • Punitive Damages—Kentucky law provides the recovery of punitive damages in exceptional circumstances when deliberate conduct such as an attack or gross carelessness resulted in death.
  • Punitive damages are intended to penalize the offender and convey that such behavior is unacceptable and abhorrent in a civilized society.

Kentucky does not impose a cap on the number of damages a jury may award in certain instances. Most customers who have experienced the loss of a loved one would want to avoid a judicial trial if feasible. They would reclaim their financial security and go on with their lives. 

If you have lost a loved one due to the negligence of others, call to us for help. Our Kentucky wrongful death attorneys will ensure that you get the compensation you deserve. 

Get Help from Kentucky Wrongful Death Attorneys

When facing a wrongful death case in Kentucky, speaking with a personal injury lawyer specializing in damage cases is critical, especially if you are unsure of your unique circumstances.

A compassionate and reliable personal injury lawyer in Kentucky can assist you in determining your legal rights, obtaining reasonable compensation, personal injury protection, disability claims, and other legal services. We will also represent you in damage litigation if the matter goes to trial. For a free consultation, contact Farmer & Wright, PLLC, today.

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