Unexpectedly losing a family member can be a tremendous ordeal for your entire family.
When someone’s negligence or recklessness causes the death of a loved one, it’s understandable that your grief can quickly turn to anger.
While no amount of money will bring your family member back, your family may have a right to hold the responsible party financially accountable under Kentucky’s wrongful death law.
Contact our wrongful death attorneys at Gerling Law to learn more.
Getting Help with a Kentucky Wrongful Death Claim
Pursuing a claim for wrongful death in Kentucky can be complicated. You should not attempt to navigate the nuances of the legal system on your own. At Gerling Law, our Kentucky wrongful death lawyers have decades of experience helping grief-stricken families just like yours. We empathize with what you are going through and offer compassionate yet aggressive representation. Our goal is to help you get the compensation you and your family deserve.
When the responsible party’s insurance company isn’t willing to accept liability, you may be forced into filing a wrongful death lawsuit. You will want assistance from a wrongful death lawyer in Kentucky who understands the applicable laws and has the necessary trial experience.
What Is Wrongful Death?
Kentucky law defines wrongful death as the death of someone caused by the wrongful act or negligence of another person. In cases that qualify as wrongful death, certain family members may be entitled to pursue compensation for their losses. Wrongful death lawsuits focus on the survivors’ financial losses and emotional anguish, not the deceased’s damages.
A claim for wrongful death can result from a wide variety of accidents and events. Some of the most common cases our Kentucky wrongful death attorneys handle include:
- Auto accidents;
- Motorcycle accidents;
- Commercial truck and bus accidents;
- Pedestrian or bicycle accidents;
- Boating accidents;
- Slip and falls;
- Medical malpractice;
- Birth injuries;
- Nursing home abuse and neglect;
- Daycare accidents;
- Defective products, including medical devices;
- Medical malpractice; and
- Construction site accidents.
Other incidents, especially those involving criminal actions, can also give rise to a wrongful death lawsuit. For example, if a victim is physically assaulted and dies from their injuries, your family could pursue a wrongful death action.
Understanding Damages for Wrongful Death
When you file a wrongful death claim, you may be entitled to recover compensation for your family’s damages. The money you receive is meant to address the survivors’ damages and mental anguish. Depending on the circumstances, you might be entitled to recover for:
- Loss of earning capacity;
- Loss of benefits like retirement plans or health insurance;
- Loss of inheritance;
- Loss of services your family member would’ve provided;
- Loss of love and companionship; and
- Loss of consortium.
Unlike some other states, Kentucky does not cap damages in wrongful death actions.
How Can We Help?
If you are already feeling overwhelmed and stressed, the thought of pursuing a claim for wrongful death likely doesn’t help. That is why we are here to help. When you retain our Kentucky wrongful death lawyers, we will take care of every detail related to your claim so you can focus on your family.
Proving negligence is a crucial aspect of any wrongful death lawsuit. We will conduct a thorough investigation of our own, collecting relevant evidence like police reports, witness statements, surveillance footage, medical records, and other documentation.
Insurance companies often use questionable tactics in claims handling. We handle cases every day, so we know how to fight against these practices. When you represent yourself in a claim, the insurance adjuster may try to extend a low offer in hopes you will take it and they can close their case. When you have an attorney representing you, we won’t let this happen.
If the insurance company doesn’t extend a reasonable offer, we will prepare your case for litigation. We will start by filing a complaint on your behalf and gathering additional evidence that might be necessary as the discovery phase commences. Litigation can be expensive, which is why you want a law firm like Gerling Law on your side. We have the financial resources to continue fighting your case. We aren’t afraid of these big insurance companies. We will take your case all the way to trial if that is what it takes.
Kentucky law allows you only a limited time to file a lawsuit to preserve your case. This is what’s known as the statute of limitations. You have only a year, which is not much time. If you try to handle a wrongful death claim on your own and accidentally miss the filing deadline, the court will likely dismiss your claim, and you will be prohibited from collecting any compensation. When you retain Gerling Law to represent you, we will file the lawsuit on your behalf within the deadline. Even if we are close to a settlement agreement and the deadline is approaching, we won’t let the statute of limitations lapse.
Get a Free Consultation with Gerling Law
Do not attempt to handle a wrongful death claim on your own. Let our Kentucky wrongful death lawyers help. Our legal team understands how complicated the legal process can be. We will be with you every step of the way and take care of everything for your case from start to finish.