Do You Suspect a Loved One’s Death Was Due to Someone Else’s Negligence?

Losing a loved one is always difficult, but it is even more tragic and devastating when the death would not have happened if it hadn’t been for someone else’s negligence or fault. In addition to the emotional pain, grief, and anger at the injustice of what occurred, surviving family members are left having to deal with medical bills, funeral expenses, and the loss of income and companionship their loved one would have provided.

If you suspect that your loved one died because of the negligence or wrongdoing of another, you may be entitled to compensation through a wrongful death lawsuit. While no amount of money can make up for the loss of your family member, a settlement can relieve your financial burdens and allow you and your family to rebuild your lives. It can also bring a sense of justice by holding the party responsible for the death accountable for what they have done.

At this difficult time, when the thought of filing and managing a wrongful death lawsuit likely seems overwhelming, you do not have to deal with this alone. An experienced Kentucky wrongful death attorney can evaluate the circumstances of your loved one’s loss, determine if negligence was involved, and handle all legal hurdles involved with winning fair compensation.

When is a Death Considered “Wrongful”?

Under Kentucky law, a “wrongful death” occurs when “the death of a person results from an injury inflicted by the negligence or wrongful act of another.” It means the death was caused by something that would cause injury and be grounds for a personal injury lawsuit — an intentional, reckless or negligent act.

To win your wrongful death case, your attorney must show that another party, the defendant in the case, was negligent and at fault for causing the death of your loved one. This means showing the existence of the following legal elements:

1. Duty – The defendant had a duty to not injure the deceased.
2. Breach – The defendant breached this duty through negligent actions or inactions.
3. Cause – This breach caused the death of your loved one.
4. Damages – The surviving family members suffered damages, or a financial loss, as a result of the death.

Wrongful death is a civil offense, not a criminal act like murder. It occurs when someone is negligent in fulfilling some duty owed to your loved one – such as driving carefully, diagnosing a disease correctly, or keeping premises safe from hazards — even if there was no intent to harm.

Compensation in Wrongful Death Cases

Under Kentucky wrongful death law (Ky. Rev. Stat. § 411.130), the personal representative of the deceased is allowed to sue for the benefit of family members. If there is no personal representative, such as if the deceased person is a child with no estate or the person died without a will, the court will appoint a personal representative.

A successful case may bring an award for compensation to recover money that would otherwise be earned by the family member who lost their life, as well as expenses the family members face due to loss of their loved one. Damages may include:

• Funeral and burial expenses
• Medical bills before death
• Loss of care, companionship and guidance
• Loss of the victim’s financial support, pension or retirement funds
• Pain and suffering of survivors
• Attorney fees.

Under Kentucky law, when a wrongful death attorney succeeds in proving negligence and achieves a favorable settlement or court verdict, any financial award will be paid as follows:

• If a widow/widower and children: Half to widow/widower and half to any children
• If a widow/widower, but no children: All to the widow/widower
• If no widow/widower, but children: All to the children
• If no widow/widower and no children: All to the parents
• If no widow/widower, no children, and no parents: All to the decedent’s estate.

Damage award amounts vary greatly depending on the circumstances, but juries are likely to be sympathetic when a wrongful death is involved.

Examples of Wrongful Death

There are many ways negligence can lead to wrongful death. The most common examples include the following:

• Vehicle Accidents: At fault, often, are negligent drivers who speed, drive under the influence, or drive while drowsy or distracted. But wrongful death may also be caused by bad roads, thereby making road construction companies and/or the municipalities responsible for maintaining them possibly liable.
• On-the-Job Accidents: Employers have a legal duty to keep their workplaces safe. Wrongful death claims can arise from accidents on any kind of job, from heavy industry to white collar offices. Often, workers’ compensation death benefits are awarded to surviving family members, but there may be additional monies available to surviving family members if the negligence of a third party helped to cause the fatal accident.
• Defective Products: Wrongful death claims arise against manufacturers who make products that are unsafe, even if used properly, or fail to warn against hazards.
• Commercial Transportation Accidents: “Big rigs” are much larger and heavier than the family car, SUV or pickup, and do more damage. Accidents may be caused by reasons such as truck driver carelessness or recklessness, the negligence of a transport company which improperly loaded the truck’s cargo, or a trucking company that fails to screen or train employees properly or pressures drivers to speed or drive more hours than allowed, in order to make deadlines.
• Pedestrian Accidents: Pedestrians are especially vulnerable to suffering fatal injuries by careless drivers of personal vehicles, buses, and commercial trucks. But municipalities, and even private property owners, may bear some of the liability for a wrongful death if they do not maintain their property next to a roadway.
• Bicycle/Motorcycle Accidents: Like pedestrians, riders have little, if any, protection in collisions with any motor vehicle. Negligent drivers who fail to carefully share the road with two-wheeled bikers and riders may cause wrongful deaths.

Get Help When a Loved One’s Death Was Due to Negligence

Almost any wrongful death case will trigger very expensive financial compensation claims against the negligent defendant. This means the defendant’s insurers will aggressively defend them and make it quite difficult to collect fair damage compensation.

Your best chance for being fairly compensated is to find a seasoned injury attorney to manage your claim and, if necessary, litigate your case in court. The knowledgeable Kentucky wrongful death lawyers of the Johnson Law Firm understand what you are going through and are here to take the burden off you and handle all investigations and legal requirements needed to win fair compensation. We treat everyone we represent with compassion and respect, and you can read our testimonials page to see how satisfied our clients have been.

We offer a free consultation to discuss the circumstances of your loved one’s death and determine the best way to move forward. If you suspect your loved one’s death was due to negligence, do not delay. According to Ky. Rev. Stat. Section 411.130, there is a time limit to file a wrongful death claim — one year from death — or the courts are likely to refuse to hear the case.

Call  Billy Johnson today at 606-437-4488 for a free, no-obligation consultation to get started.