When someone is injured in a car crash, they can sue the driver for injuries and financial losses that come from the crash. When the victim dies, he or she can no longer bring a claim for a personal injury, however, the children of the deceased can.
At Kaufman & Stigger, PLLC, we understand the hurt and pain that losing a parent in a car accident can bring. The mental anguish and grief are often unbearable, and the financial devastation can add to the difficulties faced by the surviving children.
Making a Wrongful Death Claim
In Kentucky, the law requires that a personal representative of the survivors of the deceased file the claim. The losses sought must be asked for in the complaint, so it’s important that the person bringing the claim has the knowledge and experience to properly submit a wrongful death claim.
The damages sought are looked at from the perspective of those left behind. Children, both minor and adult, can seek damages, and the court will look at the losses to each individual child. The losses are based on the role and relationship of the deceased in the child’s family.
For example, if the deceased was a supporting parent living with minor children, then the losses will be those suffered by the dependent child. If the children are adults, then the losses will be looked at in terms of those typically non-financial injuries like mental anguish and loss of companionship.
The court will look at how the relationship worked when the deceased was alive. If the father didn’t live with the child and never looked after him or her and didn’t financially support the child, then the financial losses to the child are going to be limited.
Types of Damages in a Wrongful Death Claim
From the perspective of the surviving child, the types of damages common in a wrongful death claim are:
- Loss of Care, Training and Nurturing (of a minor child),
- Loss of Financial Support (present and future)
- Loss of Inheritance from Early Death
- Pain and Mental Anguish from Loss
- Punitive Damages (If the death was purposeful or grossly negligent)
Accidents That Lead to Wrongful Death Claims by Child
If the death of a person is caused by someone’s negligence, then those who are allowed under the law can bring a claim for compensation. In Kentucky, some of the common accidents that lead to a wrongful death claim are:
- Car Accidents
- Hit and Run
- Impaired Driving
- Rideshare Accidents
- Slip and Fall Injuries
- Defective Product
- Workplace (Due to third party’s negligence)
Speak with a Louisville Wrongful Death Attorney at Kaufman & Stigger, PLLC
As a personal injury law firm, we at Kaufman & Stigger, PLLC are prepared to handle a wide variety of cases in which someone has been harmed or died due to another’s negligence. In the case of wrongful death, we understand how incredibly difficult it can be to pursue legal action while still grieving the loss of a loved one.
Wrongful death lawsuits are complex, time-sensitive matters that can’t be put off for long – instead of trying to navigate this legal route alone, let us help. With decades of combined legal experience, we are prepared to sensitively and competently address your concerns and guide you through every aspect of the process. For a free consultation, get in touch with us today by calling (502) 458-5555 or (800) 937-8443.