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 personal injury 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 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 knows how to secure maximum compensation for your loved one’s death.
Each McCoy & Sparks 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 Louisville wrongful death lawyers want you and your family members to know you’re not alone. Each McCoy & Sparks Kentucky wrongful death attorney is here to file a wrongful death suit to fight for your rights. Call for a free consultation: 844-459-9467 or contact us online.
Settlements McCoy & Sparks Has Won in Wrongful Death Lawsuits:
$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
We secured 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.
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 was willful or the negligence gross.
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 omission.
Examples of negligence leading to a wrongful death might be anything from a lack of warning of barriers before roadwork leading to a car accident to a broken chair in a casino to water on a supermarket floor.
In Kentucky, wrongful death due to negligence represent 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.
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 about their future. In such circumstances, seeking legal recourse becomes crucial to hold responsible parties accountable and obtain compensation for the damages incurred.
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
Wrongful death action can also be taken against the family members of people who intentionally killed others.
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.
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?
The CDC reports that the most common types of wrongful deaths in the United States are:
- Fatal motor vehicle accidents and motorcycle accidents (In 2018, 724 people lost their lives on public roads in Kentucky).
- Pedestrian and bicycle accidents (79 pedestrians were killed in traffic accidents in Kentucky in 2018).
- Premises liability accidents involving slip and fall injuries 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.
- Accidental poisonings, medication errors, and overdoses.
- Drowning, boating, and recreation accidents.
- On-the-job accidents and illnesses.
Who Can File a Wrongful Death Claim?
The state of Kentucky has strict laws about who is entitled to file a wrongful death lawsuit. It’s important to know which ones apply to 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?
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 Louisville 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).
How Do You Prove Someone Is Responsible for Your Loved One’s Wrongful Death Case?
After Kentucky wrongful death lawyers determine 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 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.
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 diseased.
- 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.
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.