How recklessness may lead to a wrongful death

Negligence is often the cause of the many injury-causing accidents that happen throughout Kentucky. Whether those accidents occur on the roads, at workplaces or in retail centers, the failure of a person to act reasonably given their circumstances is often the basis of their victim's civil legal claims. From time to time, though, individuals conduct themselves in a manner even more careless and defiant that negligence does not adequately describe their conduct.

What is a wrongful death?

If a death is the result of natural causes, such as old age or a long-term illness, the loss of the victim is tragic, but not legally compensable. However, if a person loses their life due to the actions of another individual, legal liability may come into play. In Kentucky and other American jurisdictions, individuals may suffer wrongful deaths if they lose their lives due to the negligent or reckless acts of others.

Wrongful death awards paid out based on relationship to decedent

When a Kentucky resident dies as a result of the negligence of another party then it is possible that their personal representative may later be able to file a claim for damages based on the victim's wrongful death. In the case of a car accident, the deceased victim's representative may file a lawsuit so that the relatives of the decedent are able to receive compensation for their extensive losses. When an award is granted to distribution of damages to survivors of the victim will be determined based on state law.

Wrongful death damages and the age of a victim

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.

Who receives the award of damages in a wrongful death lawsuit?

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.

Filing a wrongful death claim in Kentucky

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.

Pedestrian deaths are a problem in Lexington

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.

Woman dies in collision with self-driven vehicle

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.

Motorcyclists face many dangers while on the roads

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 review of beneficiaries for wrongful death cases

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.

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