You know that your husband died while he was out boating with friends. The capsized boat was found and his friends’ bodies were recovered. Yet, your spouse was never found. While you know that your loved one died, there is that little glimmer of uncertainty. It can be agonizing emotionally, but it need not affect your ability to recover damages.

You Can Still Recover

One of the critical elements of a wrongful death case is proving that the person died in the accident. When an accident occurs on land, then the body is typically available and it provides proof of the injury. However, if the accident occurs on Rough River Lake, the Ohio River, or another Kentucky waterway then the body may never be found.

Yet, other evidence may be available to help establish what happened. For example, the following things may be relevant in a wrongful death case in which no body is found:

  • The testimony of witnesses.
  • The physical condition of the boat.
  • The injuries or fatalities of other boat passengers.
  • The lack of any evidence that the person is still alive.

Of course, this list is not all-inclusive. Other types of evidence may also be available that could establish that someone died—even if no body was found.

Have You Found Yourself Facing This Nightmare?

How did you get through it? What advice would you give family members that are just starting the process? What comfort can you provide? Please leave a comment and share your thoughts with others who may be just beginning to live this nightmare.


Mark K. Gray
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Louisville attorney serving the seriously injured in Kentucky
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