Chances are, if you’re visiting our website, you have recently lost a family member or somebody dear to you. Along with your grief, there’s the anger and frustration of knowing your loved one would still be here if not for somebody else’s negligence or harmful act. If you suspect that another’s wrongdoing caused your loved one’s death, you can expose the truth and hold wrongdoers accountable through a wrongful death lawsuit.
Isaacs & Isaacs experienced and dedicated attorneys will help you to file your lawsuit and will work hard to uncover the truth of what happened and recover the financial compensation you need to move forward after your devastating loss. We will represent you on a contingency fee basis: you don’t owe us anything until we win or settle your case. If you would like to consult with an experienced and compassionate wrongful death attorney about your loved one’s death, call us now at 800-800-8888, or fill out our online form. You don’t have to face this tragedy alone.
A few years ago, a widow filed a wrongful death suit against AK Steel in Ashland after her husband was dragged onto a conveyor belt while trying to remove a piece of matter that didn’t belong there. According to the Daily Independent, another worker accidentally turned the conveyor belt on and the man was dragged onto the machinery and asphyxiated. The widow’s lawsuit alleged that the machinery lacked safety features to prevent such accidents. The lawsuit named the employer, the manufacturer of the conveyor belt and others who played a role in her husband’s death.
By filing a wrongful death lawsuit, the bereaved widow was protecting other workers from being harmed by forcing the company and the manufacturer to fix a hazardous condition on the job. Her lawsuit would help to prevent other families from going through a similar ordeal. She was also trying to recover the financial losses she suffered from her husband’s death.
Kentucky Wrongful Death Law Provides Relief to Family Members and a Path to Justice
When your family member dies unexpectedly, the financial damages you suffer can be devastating. You may have medical bills, funeral and burial costs and are left to go on alone without the financial support and the daily help your loved one contributed. You feel like your life has been shattered, and you don’t know how you are going to manage. The legal theory behind tort law is that when somebody’s negligence or harmful act causes injury to another, the negligent person or entity such as a business is responsible for making the injured party whole again, at least financially.
Kentucky wrongful death damages include:
- Loss of earnings
- Funeral expenses
- Medical expenses
- Pain and suffering of decedent from time of injury up until time of death
- Punitive damages to punish gross negligence or a willful act
Who May File a Wrongful Death Suit in Kentucky?
The Kentucky probate court appoints a personal representative of the estate. This personal representative can file the lawsuit for wrongful death. Once the lawsuit is settled or a jury awards damages, the estate pays the medical and funeral costs and the reasonable cost of legal representation. The remaining funds are disbursed to surviving family in the following order:
- Half to surviving spouse and half divided among children
- If no children, entire amount to spouse
- If no surviving spouse, entire amount to child or children
- If no spouse or children, then mother and father or adoptive parents of deceased receive half each, or whole to only surviving parent
- If there is no surviving family as listed above, then the award goes to the estate to settle debts, and the remainder passes to more remote kindred, according to Kentucky inheritance law
Wrongful Death Statute of Limitations in Kentucky
Kentucky allows one year from the date of death, or from the date when the court appoints a representative of the estate, to file a lawsuit for wrongful death. This legal time limit to bring a suit is called a statute of limitations. If the representative is appointed later than a year after the date of death, the time limit can be more complicated. A knowledgeable wrongful death lawyer can help you to understand what your options are.
If you file a lawsuit after the time limit has expired, the defendant will file a motion to dismiss your lawsuit on the grounds that the statute of limitations expired and that motion will almost certainly be granted. You will be prevented from taking any legal action to recover your financial damages and hold negligent parties liable for your loved one’s death.
Because legal issues can be complicated after somebody died unexpectedly, you should speak to an Isaacs & Isaacs wrongful death attorney as soon as possible. We will take the burden of seeking justice off your shoulders during this difficult time.
In order to obtain justice for your loved one and recover from the financial damages this calamity has caused your family we encourage you to seek legal help right away. Call 800-800-8888 at any time 24/7, or fill out our form for a no-obligation consultation with an experienced and caring Isaacs & Isaacs wrongful death attorney. Let us help you to obtain justice and recover from this devastating loss. Together we can keep our community safer by holding individuals and businesses accountable for reckless behavior or negligent safety conditions that put others at risk.