When you lose a loved one due to someone else’s actions, you may experience many emotions. Naturally, you feel grief and anger. You may also wonder how you can achieve justice for your loved one and prevent others from experiencing similar harm. At Gerling Law, we can’t take away your pain. However, we can help you pursue justice. We can help you hold the person who caused your pain accountable for their actions. Our compassionate attorneys have been representing victims and their families for decades. If you would like to speak with one of our knowledgeable lawyers, call anytime for a free consultation. When many clients initially speak with us, they’re not sure if they can sue for their loved one’s death. Here, we provide an overview of who can file a lawsuit for wrongful death and what such legal action involves. What Is a Wrongful Death Lawsuit? The goal of a wrongful death lawsuit is to compensate the surviving family for the harm they have suffered. Before considering a Kentucky wrongful death lawsuit, you should know what the term actually means. Wrongful death is the death of a person caused by the negligent or wrongful act of another. This wrongful act could be unintentional or purposeful. In other words, someone does not have to intend to kill your loved one for it to be a wrongful death. A person or company might be responsible for your loved one’s death. For instance, if a drunk driver hits your loved one, that individual should be held responsible. However, if a sober driver hit your loved one after her brakes malfunctioned, the auto manufacturer may be liable. Who Can File a Kentucky Wrongful Death Lawsuit? In Kentucky, the personal representative (executor) of the deceased’s estate can file a wrongful death lawsuit. The probate court names a personal representative based on the instructions in the deceased’s will or the preference of the judge. While the personal representative files the wrongful death lawsuit, most of the lawsuit proceeds go to the deceased’s estate and surviving family members. Funeral and burial expenses, as well as attorney fees, go to the estate. But then the remainder of the award goes to the deceased person’s surviving family members. Payment is awarded according to these rules: All to the surviving spouse if there are no surviving children; If there are a surviving spouse and surviving children, half to the spouse and half divided among the children; If there is no surviving spouse, all divided among the children; or If there is no surviving spouse or children, all to the surviving parents. If there is no surviving spouse, children, or parents, the wrongful death award goes to the estate. After paying debts, the award will be distributed according to the deceased’s will or intestate succession rules. What Damages Are Available? A wrongful death lawsuit compensates family members for the harm they have suffered as a result of their loved one’s death. You can sue for these damages in a wrongful death case: Pain and suffering, Loss of companionship, Loss of support, Loss of care, Funeral and burial expenses, and Attorney fees. You may also be able to request punitive damages for intentional harm or gross negligence. These damages go beyond compensating your family for the harm suffered. Instead, they serve the goal of punishing the person for their wrongful actions. The State may choose to criminally prosecute the defendant, but that is a separate legal action. A criminal prosecution punishes a wrongdoer by taking away their freedom. A wrongful death lawsuit is a civil action that will not put the defendant behind bars but seeks to financially compensate your family for the death of your loved one. If you think you might have a Kentucky wrongful death claim, you should contact an experienced attorney. At Gerling Law, we have helped grieving family members with wrongful death claims in Kentucky for decades. We have the experience to get the results you deserve while showing you compassion and respect. Contact our law firm for a free consultation. You’ll have the opportunity to ask questions and get to know our knowledgeable legal team. If we think we can help you, you should know that we work on contingency. This means you owe us nothing until we win your case. Review our decades of winning cases here, and call us when you’re ready to talk. Don’t trust the fight for justice and your family’s financial future with just anyone. Remember: Go with Experience. Go with Gerling.®
Keep ReadingWhat Conditions Automatically Qualify You for Disability?
When you develop a medical condition that impedes your ability to hold a job, it can significantly impact your life. There are no two ways about it. In such a situation, it is important to figure out what options you have for financial help, including disability benefits. After developing a life-altering medical condition, you may find yourself wondering, Do I qualify for disability? The answer to this question is not always cut and dried. That said, there are a number of conditions that automatically meet social security disability qualifications by definition. Other conditions can qualify you for an expedited decision on your application but are not automatic. Whatever your questions are, Gerling Law is here to help you navigate the disability application process from start to finish. What Conditions Qualify You for Disability? Some medical conditions will, with a diagnosis, automatically qualify you for disability. You can find these conditions on the Social Security Administration’s (SSA) Compassionate Allowances List (CAL). With a medical diagnosis of one of the conditions on this list, you will, by definition, qualify for Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or both. SSA has published a complete list of all CAL medical conditions here. The list is too long for this piece, but some of the notable medical conditions on the CAL include: Adult non-Hodgkin’s lymphoma, Adult-onset Huntington’s disease, Anaplastic adrenal cancer, Bladder cancer, Batten disease, Canavan disease (CD), Early-onset Alzheimer’s disease, Esophageal cancer, Gallbladder cancer, Heart transplant waitlist, Inflammatory breast cancer, Lou Gherig’s disease (ALS), Pancreatic cancer, Small cell lung cancer, and Stage IV breast cancer. If you have a medical diagnosis of one of the diseases noted on the CAL, the SSA simply requires proof of that medical diagnosis for approval of your application for benefits. Suppose you are applying for disability benefits on the basis of one of the conditions in the CAL. In such a case, you do not need to do anything different in your application than you would for any other medical condition. Simply submit the application with the required materials. Once your application is received, it will be flagged automatically by the SSA system for expedited review. The Importance of Documentation Maintaining proper documentation of your medical diagnosis is critically important in the application process. Your medical diagnosis is the most indisputable documentation and record of your medical condition and disability. This is what the SSA will look at, so we cannot overstate the importance of keeping track of it. It is also important to document your symptoms before and after you go to the doctor. If you make a journal of symptoms and bring it to medical appointments, it will help your service providers make an accurate diagnosis. An accurate diagnosis is critical. Documenting symptoms is also a great help in managing your disability. How to Submit Your Application There are three ways to submit your application for disability benefits to the SSA. The first way to apply is to do so in person. For this, simply go to the closest Social Security office. To apply in person, you do not need an appointment. The SSA’s online field office locator tool will help you find the office closest to you. If you don’t want to apply in person, you can call 800-772-1213 to schedule a phone appointment with an SSA agent. The third option to apply for SSA disability benefits is to use their online application tool. To apply online, visit www.ssa.gov/applyfordisability/ on the SSA website. You will also find more detailed information on the application process on this web page, so be sure to give it a visit even if you plan to apply in person. If you have any questions or troubles with the SSA disability application process, contact us at Gerling Law today. Our disability attorneys have extensive experience helping people claim their disability benefits. From wrongful denials to application and administrative details, our disability attorneys have seen it all and are here to help you. Don’t just take our word for it; be sure to check out our testimonials page to see how we have helped our clients in the past. If you need help, reach out and tell us your story in a free consultation, and we’ll do our best to make things right. Remember Go with Experience. Go with Gerling®
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