It is often the case that when a wage-earning individual loses their life due to the negligent actions of another, their loved ones may be able to pursue damages based on the lost earnings of the deceased party. The spouse, children and other dependents who counted on the victim's wages may suffer financially due to the victim's death. In Kentucky and other jurisdictions these types of losses may be appropriate in the wake of a wrongful death incident.
It is only after a person loses their life in an accident or other negligent or criminal act that their loved ones obtain the right to seek damages through a wrongful death lawsuit. This Lexington personal injury blog has discussed the elements of wrongful death claims and how individuals may sue for the many losses they have been forced to incur when their loved ones have perished due to the actions of others. If they prevail in their legal plight, the distribution of the wrongful death damages award must follow state guidelines.
Losing a loved one in a tragic accident can be devastating to the surviving family members. While in most situations when a victim suffers harm due to another person's negligence, but survives, they are able to sue the responsible party for their damages, in a wrongful death the victim is no longer capable of advocating for their own rights. It is therefore through a wrongful death claim that losses associated with the victim's death may be pursued and for the benefit of their surviving relations.
When drivers get into their cars, they are responsible for ensuring that they follow the rules of the road, avoid distractions and operate their vehicles while exercising their duty of care to others. It is no small feat for a driver to get to their intended destination without incident, since accidents and collisions are relatively common occurrences on Kentucky roads. Accidents happen with other vehicles, but less commonly they occur between vehicles and pedestrians.
A 49-year-old woman recently lost her life in a pedestrian accident that has made national news. Though pedestrian accidents happen every day throughout the country and even here in Kentucky, this incident is note-worthy for one unique reason: the vehicle that struck the woman was self-driven.
The freedom that a Kentucky resident enjoys while riding their motorcycle may bring them a great amount of joy. Riding a motorcycle allows a person to feel nature as they travel down the road because they are not separated from the world by the frame of a car. They may take pleasure in their motorcycle's maneuverability and relish in the quick manner that the vehicle accelerates.
A wrongful death action brought after the death of a Kentucky resident must be filed by the personal representative of the decedent's estate within one year of the individual's death. Once the matter is filed and the sides have pleaded their cases to a court, a judge will offer a ruling that either accepts the plaintiff's or defendant's claims. If the complaining side wins, there are a number of beneficiaries who may recover damages from the defendant.
Some personal injury damages are easy to quantify. For example, when a Kentucky resident is hurt in a car accident and requires medical treatment, the bills that they incur from hospitalizations, doctor visits, prescriptions and other accident-related care may be added up and included as losses in a claim for damages. Similarly, if the victim has to miss work in order to recover from their ordeal, they may claim their lost income as damages as well.
Most drivers understand that the actions they take while operating their motor vehicles can impact how others on the road react and choose to maneuver their own vehicles. For example, when a driver is reckless and makes rash decisions, it can be difficult for others to safely and correctly anticipate how to avoid them. Very recently, a dangerous situation occurred on a Kentucky highway and, due to the careless and irresponsible actions of a driver, an innocent individual has lost their life.
Each day that a Lexington resident wakes up and climbs out of bed, there is no way to anticipate the challenges and complications that they may face as their mornings begin. For most people, days unfold in predictable patterns as they engage in the normal activities that require their time, such as taking their kids to school, going to their places of employment to do their work, and returning home to make dinner and spend quality time with their families. For some, though, significant incidents happen and throw their lives into turmoil.