Around 35,000 people die each year in car accidents in the U.S., many of whom are victims of someone else’s negligence. At Kaufman & Stigger, PLLC, we understand the pain, grief, and sense of loss someone feels when this happens. We feel strongly that when a driver’s carelessness leads to such a tragic loss, the survivors are entitled to justice and fair compensation.
Wrongful Death Claim
When someone dies from the negligent acts of another person, this is called a wrongful death. Kentucky law allows anyone suffering a wrongful death of a family member to sue the negligent driver for all of the economic and non-economic losses.
This is a bit different from a typical personal injury case because the claims for compensation come from the family members who have suffered the losses rather than the person injured and killed in the accident. This is because the law doesn’t allow a deceased person to make a claim, rather it has to be done by a personal representative of the deceased on behalf of the surviving family members.
Which Family Member can Claim a Wrongful Death?
Not everyone related to the deceased can file a wrongful death claim. In Kentucky, the law lays out specific family members who have that right. They are:
- The spouse married to the deceased at the time of death.
- The domestic partner of the deceased if domiciled at the time of death.
- The surviving children (minor and adult).
- A dependent minor living with the child at the time of death.
Type of Accidents that can Result in a Wrongful Death Claim
Any type of motor vehicle accident can result in death. Kentucky law requires that the cause of the accident be the negligence of the at-fault driver. If this isn’t proven, then the victim’s family won’t recover any compensation. Some of the accidents common to Kentucky wrongful death claims are:
- Car Accidents
- Hit and Run
- Impaired Driving
- Rideshare Accidents
- Slip and Fall Injuries
- Defective Product
- Workplace (Due to third party’s negligence)
Damages in a Wrongful Death Claim
Anytime another person causes someone injury, the injured is allowed to seek certain damages that resulted from the injury. These are not the same as a typical personal injury accident, and at Kaufman & Stigger, PLLC, we know how important it is to understand the law regarding a wrongful death and to know what to seek in compensation. Some of the types of compensation common to wrongful death claims in Kentucky are:
- Outstanding Medical Bills from Victim’s Treatment
- Loss of Financial Support (present and future earnings)
- Loss of Benefits (pensions or medical coverage) Due to Death
- Value of Goods and Services
- Loss of Companionship
- Mental Pain and Anguish of Survivors
- Loss of Care and Nurturing
- Loss of Consortium (deceased’s spouse)
- Punitive Damages (If death was intentional or through gross 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.