At Isaacs and Isaacs personal injury law firm, we are committed to helping to keep Bowling Green, Kentucky, safe for our families and ourselves. When an individual or company’s callous, irresponsible and hurtful behavior kills a valuable member of our community, we believe they should be held accountable to the limit the law allows.
We understand that no amount of money will bring your family member back, but filing a wrongful death lawsuit may be the only way to expose what happened to cause your loved one’s death. By holding the responsible party accountable for their outrageous and hurtful action(s), you will help ensure that another family doesn’t have to go through the same kind of senseless tragedy.
When a family filed a wrongful death lawsuit against the city of Bowling Green, after their daughter, a student at Western Kentucky University, was killed in an accident with a Bowling Green police car, their attorney said that filing the lawsuit, which the city settled for $1 million, helped them find out exactly what happened to their daughter.
It is often the case that when an accident happens that causes serious injury or death, nobody wants to take responsibility for the death because they are afraid of liability. The only way to get the answers you need is through filing a wrongful death lawsuit.
How Filing A Lawsuit Can Help Expose the Truth of What Happened
It is common for companies such as medical providers, pharmaceutical manufacturers and those who dump toxic waste to engage in a cover-up of actions that cause injury and death in order to avoid paying out millions in wrongful death lawsuits to surviving family members. Once you file a civil lawsuit you can:
- Demand production of documents including all company records
- Demand production of electronic records including emails, social media and cell phone conversations and texts
- Subpoena witnesses to testify under oath at a deposition and at trial
- Subpoena company employees to testify
- Inspect tangible evidence such as a factory, a commercial truck or a pharmaceutical manufacturing plant
- Request the company or wrongdoer to answer questions under oath in writing
- Request the company or wrongdoer to admit or deny specific allegations
Sometimes a wrongful death suit leads to criminal charges being filed. If the above investigation sounds expensive, it is. Isaacs & Isaacs wrongful death law firm will bear the cost of litigation for you. We will represent you on a contingency fee basis. We don’t get paid until and unless we win your case or just settlement amount.
Who Can File a Legal Action for Wrongful Death?
The rules are different state to state. In Kentucky, the probate court appoints an estate representative who can file a wrongful death lawsuit on behalf of the estate. Once the lawsuit is litigated or settled, the estate will receive the award of damages. The estate then pays the cost of funeral and burial expenses and reasonable cost of litigation. The remainder of compensation is disbursed in the following manner:
- Surviving spouse and children
- If no spouse – children
- If no children – spouse
- If no spouse or children – parents (birth or adoptive)
If the decedent has no immediate family members, the award goes to the estate, and after debts are paid, is distributed to those named in the will or the legal heirs if there is no will.
Kentucky Wrongful Death Damages
Kentucky allows family members to recover damages for:
- Medical expenses
- Funeral expenses
- Pain and suffering
- Loss of consortium
- Loss of income contribution
- Punitive damages
Kentucky juries can award punitive damages in wrongful death lawsuits to punish gross negligence and illegal or malicious behavior. Because punitive damages are meant to punish, juries tend to award huge amounts of tens of millions of dollars, presumably in the hope that the money will hurt an unethical, greedy company and stop that company and other companies from doing wrong.
Wrongful Death Statute of Limitations
Kentucky law sets a limit, called a statute of limitations, on how long you have to file a lawsuit after a wrongful death. You have one year to file a lawsuit from the date of death. If you miss this deadline, the defendant will ask the judge to dismiss your case, and the motion to dismiss will likely be granted.
Other reasons to talk to an attorney without delay are:
- Evidence can disappear or be altered with the passage of time
- Witnesses can forget what happened or move away
- The defendant(s) will have more time to stage a cover-up of what happened if you wait
Isaacs & Isaacs Wrongful Death Law Firm Is on Call to Assist You 24/7
At Isaacs & Isaacs, we believe that if wrongdoers are allowed to get away with hurting other people through their self-serving or irresponsible behavior, nobody is safe. We are relentless in investigating wrongful deaths and bringing the guilty parties to justice.
Our experienced and aggressive personal injury attorneys will get started investigating your case or claim immediately. You can reach us at any time by calling 800-800-8888, or fill out our online form to speak to an Isaacs & Isaacs wrongful death attorney.