Kentucky Wrongful Death Attorney
At McCoy & Sparks, we understand how difficult it is to lose a loved one, especially when it is from a tragic accident that could have been avoided.
We can’t lessen your grief, but we can help you file a wrongful death claim for financial compensation for your loved one’s death against the person or company that was at fault. The preventable death of a loved one is unimaginably tragic; you should not have to suffer financially as well after experiencing the devastating blow of a family member’s death.
Our law firm has handled many wrongful death claims inside and outside of Kentucky and knows how to seek compensation for estate and family members who’ve lost a loved one due to another person’s negligence.
You deserve experienced legal representation from someone who cares and knows how to secure maximum compensation for your loss.
At McCoy & Sparks, our experienced wrongful death attorney has the skills, knowledge, and compassion to guide you through a wrongful death lawsuit related to your loved one’s death.
Our Kentucky wrongful death lawyers want you and your family members to know you’re not alone. Call for a free consultation: 844-459-9467 or contact us online.
Settlements McCoy & Sparks Has Won in Wrongful Death Lawsuits
McCoy & Sparks has successfully recovered significant compensation for clients involved in wrongful death actions. It is essential to understand that there is no average or common payout amount for a wrongful death settlement. Each case is unique, and the compensation varies from case to case, depending on the circumstances involved. A wrongful death attorney in Kentucky can help guide you through the complexities of your case. Overall, these settlements aim to compensate the surviving family members for the emotional and financial damages they suffered from the loss of a loved one.
McCoy & Sparks’ wrongful death attorneys in Kentucky can provide examples of cases they’ve won and the amounts of compensation recovered for past clients.
$5,000,000.00 Wrongful Death Settlement
In a case involving the tragic death of a young mother in a motor vehicle collision, we were able to secure a significant settlement to help the father and his 2 daughters.
$3,000,000 Wrongful Death Settlement
A husband and father was killed in a tragic Central Kentucky accident. In a contested liability case, we were able to prove our clients claims and recover the policy limits for the man’s wife and young daughter.
$1,030,000 Wrongful Death Settlement
Our client was the husband of his young wife who was killed by a negligent driver on a Kentucky roadway. We filed suit, used a top-notch fatal accident reconstructionist to prove that she was not at fault, and ultimately recovered over the limits of the policy.
Multi-Million-Dollar Settlement
This judgment against a company and its driver stemmed from a Kentucky wrongful death claim. After the death of our client, the family’s wrongful death claim was denied based on a claim that the policy was canceled.
We obtained a judgment against the driver’s company and then moved against the carrier for the wrongful denial of coverage.
We prevailed on the coverage issue before the trial court and were then able to obtain a fair settlement.
$500,000 Wrongful Death Settlement
In a complicated case involving many factors and legal issues, we were able to secure a large judgment for a case arising from the death of a young father in Louisville.
$425,000 Settlement
This complex case involved multiple defendants responsible for the death of our client. They were killed when the Commonwealth of Kentucky violated numerous highway maintenance policies. The wrongful death claim also involved a separate motorist and the client’s UIM coverage.
$350,000 Wrongful Death Settlement
Our client suffered complications as a result of the injuries caused by a significant crash. She ultimately passed away. We were able to settle the case for her surviving family members for all available insurance coverage.
$300,000 Wrongful Death Settlement
Our client’s surviving family members came to us after the investigating police agency found that he was the “at-fault” party. We hired experienced fatal accident reconstructionists, filed suit, and ultimately settled the case for the available insurance limits.
What Is a Wrongful Death Case?
Kentucky Revised Statute § 411.130 defines a Kentucky wrongful death case as:
When the death of a person is due to an injury inflicted by the negligence or wrongful act of another. Wrongful death is when an individual loses their life because of the negligent, reckless, or intentional actions of another person or entity. The claim is that the victim would not have died without the defendant’s wrongful action.
Damages may be recovered for the person’s death from the person who caused it or whose agent or servant caused it.
What Types of Lawsuits Does Kentucky Law Allow?
Punitive damages may be recovered if the act willful or grossly negligent.
The personal representative of the deceased person has the legal right to file a wrongful death lawsuit against all responsible parties.
Wrongful Deaths Due To Negligence
Negligence is a failure to behave with the level of care that would be expected by reasonable people. It can consist of actions and also of omissions.
Examples of negligence leading to a wrongful death might be anything from a lack of warning of barriers ahead of roadwork leading to a car accident to a broken chair in a casino to water on a supermarket floor. A common example of negligence is the failure to control a vehicle under your control.
In Kentucky, wrongful death due to negligence causes a profound loss for families and communities. When individuals lose their lives due to the negligent actions or omissions of others, the consequences are devastating and long-lasting. A wrongful death lawyer in Kentucky can provide essential guidance in such cases.
Whether it’s a fatal car accident caused by reckless driving, medical malpractice leading to tragic outcomes, or workplace incidents resulting from safety violations, each case underscores the importance of accountability and justice. Families left behind not only endure immense emotional pain but often face financial hardships and uncertainty. In these situations, a wrongful death lawyer in Kentucky can help families seek legal recourse to hold responsible parties accountable and obtain compensation for their losses.
Kentucky’s legal system strives to provide avenues for justice, but the process can be complex and emotionally taxing for those involved. Nonetheless, pursuing justice for wrongful death is essential not only for individual families but also for promoting safer practices and preventing similar tragedies in the future.
Wrongful Death Cases Due to Medical Malpractice
These cases resulting from medical malpractice typically involve negligence or errors committed by healthcare professionals, leading to the untimely death of a patient.
Additionally, if it can be proven that the medical provider’s actions constituted gross negligence or intentional misconduct, punitive awards may be sought to deter similar behavior in the future and provide a sense of justice for the deceased.
Wrongful Deaths Due to Homicide
Intentional acts can also lead to wrongful death actions. Insurance usually tries to deny coverage in such cases, but that’s where an experienced lawyer can help find a way to recover.
Keep in mind that in these cases, there may be a criminal case as well as a civil wrongful death lawsuit. Both types of cases have different intended outcomes: if a defendant is found guilty in a criminal trial, that could lead to incarceration. Civil cases are about compensation and recovery.
Wrongful Death Claims Due to Workplace Accidents
Wrongful death cases stemming from workplace accidents often arise due to employer negligence or unsafe working conditions.
Survivors can seek compensation under Kentucky state law, and punitive damages may be pursued to hold the responsible party accountable if the accident resulted from a negligent or wrongful action.
If they are found liable in a civil court case, the result would be financial compensation to the victim(s).
What Are the Most Common Situations That Lead to Legal Action?
Common causes and situations leading to wrongful deaths in the United States are:
- Fatal motor vehicle accidents and motorcycle accidents involving reckless driving, driving under the influence, and failure to follow traffic laws (In 2022, 762 people lost their lives on public roads in Kentucky);
- Pedestrian and bicycle accidents (102 pedestrians were killed in traffic accidents in Kentucky in 2022);
- Premises liability accidents involving slip and fall injuries, hazardous conditions on someone’s property, building code violations, inadequate security, or being struck by or against an object;
- Product liability cases, in which a defective or dangerous product results in accident injury and death;
- Medical malpractice errors and mistakes where a healthcare professional’s negligence leads to a patient’s death (including surgical errors, misdiagnosis, inadequate treatment);
- Accidental poisonings, medication errors, and overdoses;
- Drowning, boating, and recreation accidents; and
- On-the-job accidents and illnesses.
Additionally, where intentional criminal actions lead to death (like homicide or assault), there may be grounds for a wrongful death claim in civil court, apart from criminal proceedings.
If you are unsure whether the situation your family is facing is wrongful death, speak with a wrongful death lawyer. Kentucky recognizes many causes of wrongful death.
Who Can File a Wrongful Death Claim?
Kentucky has strict laws that determine who can file a wrongful death lawsuit. Understanding these rules is crucial for your claim.
First, the probate court must appoint a personal representative for the estate of the person who died.
This person, also called an executor or an administrator, is the estate’s legal personal representative, and they are the only one who can file the wrongful death lawsuit.
Kentucky revised statutes typically allow one year from the date of the death or appointment of a family member as the personal representative (if within that year) for the wrongful death case to be filed. That limitation can vary, and the calculation of time is very specific to the circumstances of the case.
If you’re the personal representative of an estate, reach out to an attorney today to talk about the specific statutes of limitations for your case.
What Does a Wrongful Death Claim Compensate Surviving Family Members For?
Compensation recovered in a wrongful death claim can cover various expenses and losses.
Medical expenses
A large portion of many wrongful death cases includes medical bills incurred as a result of the injury leading to death, such as hospital stays, surgeries, medications, and therapy. Past, present, and future medical bills can be included.
Funeral Expenses and Burial Expenses Loss
These costs cover the expenses associated with the deceased’s funeral arrangements, including the cost of the casket, burial plot, memorial service, and related expenses.
Loss of Wages
In cases where the deceased was a primary earner for the family, your wrongful death claim can include financial support they would have earned over their expected lifetime. (An economist will have to prove how much money (future wage claims) the diseased person could reasonably have been expected to earn (including Social Security) if they had lived to the age of a normal life expectancy).
Court Costs
This refers to the expenses associated with filing and litigating the wrongful death lawsuit, including court filing fees, wrongful death attorney fees, and other legal fees.
Loss of Consortium
Think of “consortium” as “companionship.” Basically, a jury may award a financial amount to compensate a surviving spouse and/or child for the lack of love and affection. Only children under the age of 18 are eligible for this type of wrongful death compensation.
Pain and Suffering
Another type of claim that can be considered is the pain and suffering of the deceased. However, in Kentucky, the plaintiff has to prove the actual pain the victim suffered. For example, if someone’s death occurred instantly from fatal injuries, Kentucky does not automatically assume that there was pain or suffering. Working with experienced Kentucky wrongful death lawyers is essential for securing a fair settlement that includes pain and suffering damages.
Punitive Damages
It is harder to prove punitive damages because those are not intended to provide fair compensation. The fees are a punishment for the responsible party. The wrongdoer would have to have caused death intentionally (such as in an assault or murder) or to have been grossly negligent (like a drunk driver causing the fatal accident leading to your loved one’s death).
Factors That Influence a Wrongful Death Settlement
Every case is different, and compensation amounts vary greatly depending on the circumstances. Some of the factors that can influence your settlement amount include:
- Medical expenses. Common damages include medical expenses incurred from the time of the accident or injury up to the victim’s death, including medical bills, ambulance rides, medication, testing, and more.
- Financial impact. The financial impact on the victim’s family is also a significant factor in determining a settlement amount. Larger settlements will result if the death of the victim creates severe financial challenges for the family left behind.
- Negligence. The facts and circumstances that led to the death are critical, and cases where there is clear evidence of negligence or intentional harm will likely result in higher settlements. The level of negligence or liability of the defendant, the victim, and any other parties directly influences the compensation awarded.
- Insurance. Whether the defendant has insurance coverage and any insurance caps or limits impacts the settlement amount.
- Legal representation. If you have a Kentucky wrongful death lawyer, you increase your chances of obtaining a larger settlement because they are skilled at negotiating and navigating the nuances of the legal process and the facts of your case.
- Age of the victim. The victim’s age is a significant factor. Younger victims often receive higher compensation because of the greater potential for lost future income, while older victims focus more on the loss to their families and communities.
Consult a McCoy & Sparks wrongful death lawyer to learn the value of your particular case based on these and other factors.
How Can a Kentucky Wrongful Death Lawyer Help Prove Responsibility in Your Loved One’s Case?
After a Kentucky wrongful death lawyer determines you have a case, they will attempt to settle your case with the at-fault party (or their insurance company).
Most wrongful death claims are settled out of court, but not all. If no agreement can be reached, a skilled Kentucky wrongful death lawyer will represent you in court to secure a jury verdict in your favor.
In order to secure a settlement, your attorney will have to meet the legal standard for the lawsuit by establishing that these three key elements were present:
- Duty of Care. Your Kentucky wrongful death lawyer must demonstrate to the court that the negligent party had a responsibility to uphold a duty of care toward your loved one. For instance, if the defendant is a doctor, they were obligated to provide an accepted standard of medical care during diagnosis and treatment.
- Breach of Duty of Care. Following the establishment of a duty of care, it must be proven that this duty was violated. For example, in cases of potential medical malpractice, your Kentucky wrongful death lawyer must illustrate how the doctor’s provided care fell short of what another medical professional would have reasonably done.
- Causation. Kentucky wrongful death attorneys need to establish how your loved one’s death directly resulted from the negligent party’s breach of duty of care. For instance, if your loved one died due to receiving an improper dosage of medication prescribed by their doctor, it must be shown that this medication error directly contributed to their death.
It is highly recommended you hire a skilled and experienced wrongful death attorney. Kentucky laws and courts may be complicated to navigate on your own. An attorney can ensure you get the best representation to prove your case and recover damages.
Once the Claim Is Settled, Who Receives the Damages?
After a wrongful death, funeral and burial expenses as well as reasonable court costs are awarded to the deceased person’s estate.
Under Kentucky law, the surviving family members of the loved one receive any additional money in the following order:
- If the deceased leaves a surviving spouse but no children, the money goes to the surviving spouse;
- If the deceased leaves a widow and children or widower and children, half goes to the surviving spouse and half to the surviving children;
- If there is no surviving spouse, but there is a surviving child or children, the entire amount is awarded to the child or children;
- If there is no surviving spouse or surviving children, the recovery goes to the surviving parents of the deceased;
- If none of these scenarios exist, the recovery goes to the estate of the deceased and then is disbursed according to “kindred more remote than those above named, according to the law of descent and distribution,” according to Kentucky Statute 411.130.
Any funds distributed will be reduced due to attorney fees, funeral costs, estate debts, and other associated administrative costs.
McCoy & Sparks Kentucky Wrongful Death Attorney
Our experienced legal team has extensive knowledge of Kentucky law and a proven track record of providing legal counsel that maximizes the recovery of damages for people like you.
We pursue justice for you on a contingency fee basis—meaning we only get paid if we win your case. Our wrongful death attorneys are based in Bardstown and represent clients throughout Central Kentucky.
If you have lost a loved one and believe you may have a wrongful death case, call us today.