If you have lost somebody that you love due to the careless, negligent, or intentional actions of someone else, you may be able to file a wrongful death claim in order to obtain closure and secure compensation for your losses. Even though a wrongful death lawsuit will not be able to erase what happened, these cases can bring some measure of peace to family members. Here, we want to discuss the basic steps for filing a wrongful death lawsuit in Kentucky.
When we examine Kentucky law regarding wrongful death claims, we can see that these cases arise when “the death of a person results from an injury inflicted by the negligence or wrongful act of another.”
These cases can arise in any number of ways, including the following:
This is certainly not an all-inclusive list of the ways that wrongful death claims arise in Kentucky. We strongly encourage you to contact a skilled wrongful death lawyer who can help you determine the best steps forward for your situation.
When you are trying to understand how to file a wrongful death lawsuit in Kentucky, we need to reiterate the need to work with an attorney. An attorney can help determine whether or not you have a viable wrongful death claim and whether you personally can file the lawsuit.
Under Kentucky law, the personal representative of the deceased’s state is responsible for filing wrongful death claims in most situations. If there is no personal representative, or if the person passed away without a will, the court will appoint someone to act as the personal representative.
In many cases, the personal representative of the deceased’s estate will be a close family member, but that is not always the case. Any damages awarded in a successful wrongful death claim are intended to compensate the estate and surviving family members for their losses. The deceased’s estate will receive compensation for administrative costs, attorney fees, and funeral expenses. Surviving family members will be able to keep the remainder of the damages awarded in the case.
If you have lost a loved one due to the careless or negligent actions of another individual, business, or entity, you and your family may be entitled to various types of compensation. A skilled wrongful death lawyer in Kentucky can provide the assistance you need to get through this entire process.
An attorney can help you understand your legal options. They will make sure that your claim gets filed on time in civil court and that a thorough investigation is conducted into the cause of death. An attorney will not be afraid to take on aggressive insurance carriers and at-fault parties, and they will fully prepare the case for trial if necessary. The goal of a personal injury lawyer in these situations will be to make sure that family members and the estate of the deceased recover the compensation they are entitled to.