Losing a loved one is one of the most difficult experiences anyone can go through. When that loss is due to the negligence or wrongdoing of someone else, it can be even more devastating. While a wrongful death lawsuit cannot bring back a loved one, it can provide some measure of justice and financial stability for those left behind.
If you have lost a loved one due to someone else’s actions, you may be entitled to compensation for your loss.
Our Louisville wrongful death attorneys can help you navigate the legal process and ensure that you receive the justice and compensation that you and your family deserve. If you are looking for a knowledgeable and compassionate wrongful death attorney, look no further.
At Gray& White, PLLC our team of experienced Louisville personal injury attorneys are here to help you through this difficult time and fight for your rights in your wrongful death case. Contact us today online or call (502) 210-8942 to schedule your free consultation.
What is a Wrongful Death?
A wrongful death occurs when a person dies as a result of the negligent, reckless, or intentional actions of another person or entity. This can include a variety of situations such as car accidents, medical malpractice, workplace accidents, defective products, and more.
In a wrongful death case, the surviving family members or beneficiaries of the deceased person can seek compensation for damages such as medical bills, funeral expenses, lost income, and loss of companionship.
Examples of Louisville Wrongful Death Cases
Wrongful death claims can arise from a wide variety of situations where someone else’s negligence, recklessness, or intentional act led to the death of another person. Here are some common examples of wrongful death claims:
- Car accidents: When a driver is negligent or reckless and causes a fatal car accident, the surviving family members of the deceased may be able to file a wrongful death claim against the at-fault driver. Our Louisville car accident attorneys have a deep understanding of the legal complexities involved in wrongful death cases arising from car accidents
- Medical malpractice: If a healthcare provider’s negligence or mistake leads to a patient’s death, the patient’s family may be able to file a wrongful death claim.
- Workplace accidents: If an employer’s negligence or unsafe working conditions lead to a fatal workplace accident, the surviving family members may be able to file a wrongful death claim against the employer.
- Defective products: If a defective product causes someone’s death, the manufacturer or seller of the product may be held liable in a wrongful death claim.
- Criminal acts: If someone’s intentional act of violence leads to someone else’s death, the victim’s family may be able to file a wrongful death claim against the perpetrator.
Wrongful Death Laws in Louisville
Wrongful death laws in Louisville are governed by the Kentucky Revised Statutes (KRS) Chapter 411.130. According to the law, a wrongful death occurs when a person’s death is caused by the negligence or wrongful act of another person or entity.
The law allows the surviving family members or beneficiaries of the deceased to bring a wrongful death claim in court to seek compensation for damages resulting from the death.
Under Kentucky law, the damages that can be sought in a wrongful death claim may include:
- Medical expenses and funeral costs
- Loss of future earnings
- Loss of companionship, guidance, and support
- Pain and suffering of the deceased person prior to death
The statute of limitations for filing a wrongful death claim in Louisville is one year from the date of the person’s death. Filing after the period may bar the ability to bring the claim in court.
Elements of a Louisville Wrongful Death Claim
To prove a wrongful death claim, the plaintiff (the personal representative of the deceased person’s estate) must establish four key elements:
- Duty of Care: The plaintiff must establish that the defendant (the party alleged to have caused the death) had a duty to exercise reasonable care towards the deceased person.
- Breach of Duty: The plaintiff must show that the defendant breached this duty of care by acting negligently, recklessly, or intentionally. For example, the defendant may have been driving a truck while under the influence of drugs or alcohol, or may have been driving in a reckless manner.
- Causation: The plaintiff must prove that the defendant’s breach of duty caused the death of the deceased person. This may involve providing evidence such as witness statements, accident reports, and medical records.
- Damages: The plaintiff must establish that the death of the deceased person has caused damages to the plaintiff, such as medical expenses, funeral expenses, lost income, and pain and suffering.
Who Can Bring a Wrongful Death Claim in Louisville?
Standing refers to the ability to bring a legal claim in court. In Kentucky, a wrongful death claim can be brought by the personal representative of the deceased person’s estate. The personal representative is typically appointed by the court and has the legal authority to bring a wrongful death claim on behalf of the deceased person’s heirs.
The heirs of the deceased person are the individuals who are entitled to receive damages in a wrongful death claim. In Kentucky, the heirs are defined as the surviving spouse, children, or parents of the deceased person. If the deceased person had no surviving spouse, children, or parents, then the damages may be awarded to other next of kin.
Contact Our Louisville Wrongful Death Attorney Today
Losing a loved one due to someone else’s negligence or wrongdoing is a tragic and devastating experience. If you find yourself in this situation, it’s important to seek the help of an experienced wrongful death attorney who can guide you through the legal process and fight for your rights.
Our team of Louisville wrongful death attorneys are committed to providing compassionate and personalized representation to our clients who have suffered the loss of a loved one.
At Gray and White Law, we understand that no amount of compensation can bring back your loved one, but we are dedicated to helping you seek justice and financial stability during this difficult time. Contact us today to schedule a free consultation and learn more about how we can help you with your wrongful death claim.