Get Help From A Knox County Wrongful Death Attorney
Kentucky law (Kentucky Revised Statutes § 411.130) considers a wrongful death to be the death of a person from an injury caused by the negligence, recklessness or wrongful act of another person. This can include instances such as accidents or criminal acts.
At Rossman Law, PLLC, personal injury attorney Travis Rossman understands that no legal definition can truly encompass the shock and grief you are feeling. A wrongful death is a profound loss for a family to suffer. To seek compassionate representation after a wrongful death, call his Barbourville law office at 606-232-8521.
What Is A Wrongful Death Claim In Kentucky?
A wrongful death claim in Kentucky is meant to compensate the surviving family for funeral/burial costs, loss of the deceased’s future income, and loss of consortium or the loss of a child.
A survival action, on the other hand, is meant to compensate the deceased’s estate for any conscious pain and suffering, medical bills prior to death, lost income before death and property damage.
These claims may be filed simultaneously, but they serve different purposes.
Who Can File A Wrongful Death Lawsuit In Kentucky?
In Kentucky, wrongful death lawsuits are typically filed by the deceased’s personal representative (executor) of their estate. If the deceased was killed with a deadly weapon, however, the surviving spouse or minor children may file the claim.
Common Causes Of Wrongful Death In Barbourville And Knox County
While there are many causes of wrongful death, some of the most common causes include:
- Car accidents as well as bicycle, motorcycle and pedestrian accidents
- Large truck accidents and delivery van accidents
- Slip and falls as well as trip and falls and other accidents on dangerous property
Let Mr. Rossman know if your loved one died under different circumstances.
What Families Can Do Right Now
This checklist highlights actions you can take starting today to prepare for the wrongful death claim:
Understand the filing date deadlines: Most wrongful death cases must be filed within a year of the death. No cases may be filed more than two years after the death.
Gather relevant documents: This may include medical records, accident reports, statements from witnesses and any accident scene photos or diagrams.
Determine who can file the claim: The executor of the will or administrator (if there is no will) files the claim on behalf of the estate.
Talk to a lawyer: To understand your rights, discuss your case with an experienced lawyer as soon as you can.
Caring Legal Advice After A Fatal Accident
There is no cost to speak with Mr. Rossman. Call him today in Barbourville at 606-232-8521 or contact him online for a free consultation. He only gets lawyer fees if he recovers damages for you.