The death of a loved one is never easy, but it can be much more difficult when someone else’s wrongful acts 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 a Lexington wrongful death lawyer at Gary C. Johnson, P.S.C., to schedule a free case evaluation.
Each state has its own laws when it comes to filing wrongful death claims. Kentucky allows the following people to file claims:
In Kentucky, you have two years to file a personal injury or wrongful death lawsuit, starting from the date of the injury or death. No matter if the death was caused by a car accident, medical malpractice injury, or defective products, our wrongful death lawyers can fight for maximum compensation. If a claim is not filed within two years, surviving family members or loved ones will effectively forfeit their chance for fair compensation.
Compensation in wrongful death actions is limited under Kentucky law, but that does not mean your recovery will be small. Surviving family members may recover funeral expenses 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 the responsible party 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 untimely 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, an insurance company is 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 Kentucky wrongful death lawyer at the law offices of 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. Our law firm offers free consultations to discuss your case and review your legal options.
“This law firm went above and beyond to help me with my case. The paralegal, Nicole, was very sensitive to what I was going through and the attorney fought on my behalf. Thank you!!” – Leah B.