If you’ve recently lost a loved one and someone else was responsible for their death, you might be considering filing a wrongful death claim. This type of claim may help recover compensation for burial and funeral expenses and provide a sense of justice. However, proving your case can be difficult.
An experienced Lexington wrongful death lawyer from Ross Mann Personal Injury Lawyers in Lexington, KY, can discuss your situation during a free case review and explain if you can file a wrongful death claim. Contact us today at (859) 413-3900 to schedule a free consultation.
How Can Ross Mann Personal Injury Lawyers Help With a Wrongful Death Claim in Lexington?
It can be incredibly difficult to prove a wrongful death claim without the assistance of an experienced attorney. Ross Mann Personal Injury Lawyers has decades of combined experience and has recovered over $150 million in compensation for our clients in Lexington, Kentucky.
Our Lexington wrongful death lawyers can help with your legal claim by:
- Explaining your legal rights and options to you after sitting down to discuss the matter with you in a confidential setting
- Thoroughly investigating your case by gathering evidence, reviewing records, and interviewing witnesses
- Identifying all responsible parties and legal theories for holding them accountable
- Handling communications and claim filings with insurance companies
- Calculating the full value of your losses, including economic and non-economic harm you’ve suffered as a result
- Negotiating for fair compensation
- Filing a lawsuit on your behalf if the defendant or their insurer does not offer a fair settlement
You deserve to focus on your grief and healing. Our personal injury lawyers in Lexington can handle the rest. Call us today for a free consultation.
Steps for Proving a Wrongful Death Claim
Losing a loved one because of another person’s carelessness or wrongdoing is a painful experience. To pursue justice through a wrongful death claim, you must prove that negligence caused your loved one’s death and led to measurable losses.
Understanding the following key steps in this process can help you protect your rights and hold the responsible party accountable.
Prove the Circumstances of the Death
Kentucky’s wrongful death statute defines a wrongful death as an injury “inflicted by the negligence or wrongful act of another” that causes death. Under this framework, a wrongful death can occur due to intentional misconduct, such as nursing home abuse, or an accident, such as a car accident.
Negligence means that:
- The defendant owed your loved one a duty of care.
- The defendant violated their duty of care.
- The violation causes your loved one’s death.
- You suffered damages as a result of the death.
An experienced attorney can help prove your claim.
Prove Your Right to File a Wrongful Death Claim
In Kentucky, most wrongful death claims must be filed by the personal representative of the decedent’s estate. If there is no personal representative, the court can appoint someone to act as a personal representative.
If the death was caused by a deadly weapon, the decedent’s surviving spouse or children can bring a wrongful death claim. If the decedent was a minor, the child’s parents can join the lawsuit that the personal representative files.
Gather Evidence
Your personal injury attorney may be able to help gather evidence to prove wrongful death, such as:
- Accident reports
- Witness statements and testimony
- Video from the accident
- Photos of the accident
- Reports from accident reconstruction experts
- Police reports or arrest records
- Cell phone records
- Employment records
- Inspection reports
- Medical records
The burden of proof in civil cases is by the preponderance of the evidence, meaning that the facts are more likely than not as you allege. This is lower than the burden of proof in criminal cases, which requires proof beyond a reasonable doubt.
Establish Your Damages
Damages compensate the surviving family members for the losses they incur because of the death. In Kentucky wrongful death cases, your loved one’s estate receives compensation for funeral expenses, administration costs, and attorney fees. Surviving family members receive the remainder of the damages in accordance with state law.
Surviving spouses can file a separate claim for loss of consortium damages, which provides compensation for lost:
- Assistance
- Intimate relations
- Services
- Society
- Companionship
The Kentucky wrongful death statute states that if a willful act or gross negligence caused the death, punitive damages can be recovered.
File Your Claim Within the Statute of Limitations
If you don’t settle your case, you’ll need to file a lawsuit before the statute of limitations expires. In Kentucky, wrongful death lawsuits must be filed within two years of your loved one’s death or within one year from when the personal representative is appointed.
If you don’t file your case within this timeline, you can forfeit your right to seek justice and accountability through the Kentucky court system.
Contact Our Lexington Wrongful Death Lawyers Today for a Free Consultation
If you recently lost a loved one and would like to prove someone else’s conduct was to blame, Ross Mann Personal Injury Lawyers can help. Our attorneys can guide you through the legal process and fight for the justice and accountability you deserve. Call us today to arrange a free consultation with a Lexington wrongful death attorney.
