Losing a loved one is a tragic experience that can be emotionally and financially devastating. Unfortunately, many deaths occur due to accidents or negligence of another person or entity. In such cases, the surviving family members may seek compensation for their losses through a wrongful death lawsuit.
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Understanding Wrongful Death
Wrongful death is a legal term used to describe a death that was caused by the wrongful or negligent actions of another person or entity, such as a corporation or government agency. It is a civil lawsuit brought by the surviving family members or an estate representative on behalf of the deceased.
Who Can File a Wrongful Death Lawsuit in Kentucky?
In Kentucky, certain family members can file a wrongful death lawsuit, including the spouse, children, or parents of the deceased. If the deceased did not have any of these family members, the lawsuit can be brought by the person appointed as the personal representative of the estate.
Proving a Wrongful Death Claim
In Kentucky, the plaintiff must prove the following four elements to establish a wrongful death claim:
Duty of Care
The defendant must have owed a duty of care to the deceased. This means that the defendant had a responsibility to act with reasonable care in their actions. For example, a driver has a duty to follow traffic laws and avoid causing accidents.
Breach of Duty
The defendant must have breached their duty of care by failing to act with reasonable care. For example, a driver who was texting at the time of the accident may be considered to have breached their duty of care.
Causation
The defendant’s breach of duty must have directly caused the deceased’s death. For example, if a drunk driver caused an accident that resulted in the death of an innocent victim, the driver’s actions caused the victim’s death.
Damages
The plaintiff must have suffered damages as a result of the death. This can include financial losses, such as medical expenses and funeral costs, as well as emotional losses, such as pain and suffering and loss of companionship.
Types of Damages in Kentucky Wrongful Death Lawsuits
In Kentucky, the surviving family members can seek two types of damages in a wrongful death lawsuit:
Economic Damages
Economic damages include the financial losses suffered by the family members as a result of the death. This can include medical bills, funeral expenses, and lost wages.
Non-Economic Damages
Non-economic damages include the emotional losses suffered by the family members as a result of the death. This can include pain and suffering, loss of companionship, and mental anguish.
Time Limit to File a Wrongful Death Lawsuit in Kentucky
In Kentucky, the statute of limitations for filing a wrongful death lawsuit is one year from the date of the deceased’s death. It is important to file the lawsuit within this time limit, as a failure to do so can result in the case being dismissed.
Contacting a Kentucky Personal Injury Attorney
If you believe that your loved one’s death was caused by the negligence or wrongful actions of another person or entity, you may be entitled to compensation. Contact a Kentucky personal injury attorney to discuss your case and explore your legal options. An experienced attorney can help you navigate the legal process and fight for the compensation you deserve.