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 injury lawyer at Gary C. Johnson, P.S.C., to schedule a free case evaluation.
Wrongful death cases can arise in various ways in and around the Lexington area of Kentucky. At Gary C. Johnson, P.S.C., our team has experience handling complex personal injury and wrongful death claims, and some of the most common incidents that lead to a wrongful death filing include the following:
This is not an exhaustive list of the types of incidents that lead to wrongful death cases arising in Lexington. If you believe that your loved one lost their life due to the negligent actions of another individual or company in our area, we encourage you to reach out to a skilled wrongful death lawyer as soon as possible.
The state of Kentucky requires that the personal representative (often referred to as the executor) of the deceased’s estate is responsible for filing the wrongful death claim in most cases. In the event there is no personal representative, in cases where a person had no estate, if there was no will, or if the person who passed was a child, the court will appoint an individual to act as a representative.
There are some exceptions to this. First, if the loss of life was caused by a deadly weapon, then the deceased individual’s surviving spouse or children (or both) are allowed to file the wrongful death lawsuit. Additionally, if the deceased individual was a minor, then the individual’s parents are allowed to join the lawsuit filed by the executor of the estate.
Filing a wrongful death lawsuit in Kentucky can be challenging, and it is crucial to consult an attorney for accurate guidance. We want to provide a general outline for filing these claims, but please understand that each case is unique. Your attorney can help bring clarity to the steps required for your particular situation.
In Kentucky, there are time limits to file your claim caused by a car accident, medical malpractice, or defective products, our Lexington wrongful death lawyers can fight for maximum compensation. Please contact our office to discuss your time limits and how we may assist surviving family members or loved ones during this difficult time.
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.
When it comes to wrongful death claim payouts in Lexington, KY, there are different routes through which compensation can be secured, including insurance settlements and wrongful death trial jury awards. Additionally, once compensation is awarded, there is a choice between a structured settlement and a lump sum payout:
Now, let’s discuss the difference between a structured settlement and a lump sum payout:
Both options have their advantages and considerations. A structured settlement provides a stable income but lacks flexibility (this could be a major problem if you have expenses that must be paid now), while a lump sum payout offers immediate access to the funds but requires careful financial planning to ensure they are managed wisely.
It is worth noting that the availability and suitability of structured settlements versus lump sum payouts can vary depending on the jurisdiction, applicable laws, and individual circumstances. Consulting with an experienced wrongful death attorney can provide specific guidance and help determine the most suitable option for securing compensation.
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 our Lexington accident 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 personal injury consultations to discuss your case and review your legal options.