The death of a loved one is never easy, but it can be much more difficult when someone else’s wrongful conduct caused your loved one’s death. Our Lexington wrongful death attorneys know that you are grieving and that a wrongful death claim will not bring back your loved one. However, we also know that financial recovery may relieve some financial stresses and provide financial security for you and your family. If you have lost a loved one due to someone else’s negligent, reckless, or intentional conduct, contact our Lexington wrongful death attorneys at Gary C. Johnson, P.S.C., to schedule a consultation.
Compensation in wrongful death claims is limited under Kentucky law, but that does not mean your recovery will be small. Surviving family members may recover funeral and burial expenses, loss of consortium, and loss of financial support. In some cases where the defendant’s conduct was especially egregious, punitive damages may be awarded as well. Punitive damages are meant to punish defendants for their conduct and deter similar conduct in the future.
In some cases, survival actions may be appropriate which would allow for additional compensation. Survival actions are generally only available when the deceased survived for a period of time between the time of the accident and his or her death. If the deceased suffered losses such as pain and suffering, lost wages, or medical bills prior to his or her death, a survival action may be appropriate as well.
Insurance companies are often involved in these cases and they can be difficult to deal with because their goal is to pay as little as possible to settle the claim. In wrongful death cases, however, they are often focused on avoiding the financial risk of an emotionally charged jury award, especially in cases that may involve punitive damages. When insurance companies know that wrongful death attorneys are willing to go to trial, they are often more generous and agreeable in settlement negotiations.
Financial security from a wrongful death settlement or trial award can make it easier for families to pick up the pieces and move forward. Contact a Lexington wrongful death attorney at Gary C. Johnson, P.S.C., to discuss your claim and legal options. We know that you and your family are suffering and we want to help you recover and move forward.