Wrongful Death Lawyer in Owensboro608 Frederica Street, Suite 300
Owensboro, KY 42301
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Wrongful Death Lawyers
No one expects to lose a loved one in a preventable accident, but unfortunately, this is a reality for far too many families in Kentucky. When you can show that someone else is responsible for the fatal injuries that your loved one experienced, this information can be used to file a wrongful death claim. While no lawsuit or any amount of money recovered will replace what has happened to you and your family, this devastating experience can be made somewhat easier by partnering with the right Owensboro, KY wrongful death lawyers to help achieve justice and compensation for this tragic loss.
If you believe that your loved one's death was caused by someone else's recklessness or negligence, the wrongful death attorneys at Morgan & Morgan in Owensboro, KY can help you evaluate the basics of your claim and determine whether or not you have a right to compensation. Your family may never be the same again, but they may also be entitled to emotional and financial compensation for the trauma they have endured as a result. Working with the experienced lawyers at Morgan & Morgan could be the first step towards putting the pieces of your family back together so that you can move forward with your life. Finding the right Owensboro, KY wrongful death lawyers is important because there are many specific legal concerns associated with filing a wrongful death case.
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Who Is Eligible to File a Wrongful Death Lawsuit?
Only certain parties have the ability to file a wrongful death lawsuit in Kentucky. Kentucky state law allows the personal representative appointed in the probate for a deceased individual to seek damages from the at-fault party. In most cases, the personal representative is a close relative, such as a spouse.
The deceased party could have designated a representative to be the executor of his or her state which means this individual will be in charge of handling final affairs like a wrongful death claim. A probate court will still appoint a personal representative even if one was not named by the deceased party, and this person still retains the legal right to open a case.
What Compensation Is Available in a Kentucky Wrongful Death Claim?
As Owensboro, KY wrongful death lawyers can tell you there are several different types of compensation available to survivors of a deceased party in a wrongful death claim. If you can show that another person was negligent or responsible for causing the underlying accident, this information can be used to start your wrongful death claim so that you can recover compensation. Speak with your attorney directly about the kinds of compensation that you could be entitled to.
During your initial consultation with an Owensboro, KY wrongful death lawyer you will walk through all of the specifics of the underlying incident that led to your loved one's death. This will be used by your wrongful death attorney to learn more about the kinds of damages that might apply in your case. Some of the most common damages applied in Kentucky wrongful death cases include payments for:
- Survivors' pain, suffering, and mental anguish.
- Final medical bills related to the treatment of the person prior to their death.
- Burial and funeral expenses.
- Loss of companionship.
- Loss of benefits, such as medical care and pensions.
- Loss of protection, care, and guidance.
- Loss of consortium.
- Loss of inheritance.
- Loss of the value of household services that individual would have provided.
In some rare Kentucky wrongful death cases, punitive damages may also be awarded. Your wrongful death lawyers in Owensboro, KY can assist you with determining whether or not punitive damages apply. These are typically only awarded in cases with the intention of punishing defendants for their conduct, to send a message to others that behavior like this will not be tolerated. The Commonwealth of Kentucky does not place a limit on the amount victims could receive in punitive damages.
Will We End up in Trial?
Many wrongful death cases like plenty of other personal injury cases get resolved outside of court. This is known as settlement conversations. Within settlement conversations, you and the other party involved in the case, such as an insurance company, will be responsible for going back and forth to attempt to arrive at a matter of settlement. The attorneys at Morgan & Morgan have a strong track record of helping survivors in wrongful death lawsuits to recover compensation and settlements. However, it is equally important to work with a law firm that has the right experience to take this case to trial if you are not successful in recovering a settlement. In some cases, you and the other parties may be unable to come to terms with an agreement.
When Is a Wrongful Death Settlement Paid Out?
In the event that you are able to come to terms of settlement in conversations and negotiations with the other party, the damages for a wrongful death case will be distributed to surviving family members in the following manner:
- A surviving spouse when there are no children.
- A split between a surviving spouse and all surviving children.
- Surviving children receiving an entire award when there is no surviving spouse.
- Surviving parents getting the full award when there are no surviving children or surviving spouse.
- The estate of the deceased individual getting the entire award when there are no surviving children, parents, or spouse. At that point, the award would be divided according to the deceased's will.
Most people don't realize all the costs that add up when someone hurt in an accident eventually passes away. It's possible that you might not receive some of the medical bills for treatment for a few weeks, but these amounts can be overwhelming. It might seem unfair that these must be paid out of your loved one's estate when the accident was not their fault.
Remember that you will need to file a lawsuit within the statute of limitations in Kentucky to comply with laws. You will need to also prove four basic elements in a wrongful death case; duty of care, breach of duty, causation, and damages. The defendant must have owed a legal responsibility to the victim to act in a reasonable and safe manner, breached this duty, and in doing so caused victim injuries that lead to serious damages. It is crucial to work with experienced lawyers like those at Morgan & Morgan to determine exactly what happened and who is responsible. It is possible that more than one individual or entity could be held responsible for the accident that took your loved one. It is only possible to pursue a case like this when you have extensive experience in wrongful death.
Managing all of the communication with other parties, such as insurance companies is crucial for allowing your family to focus on being together during this difficult time. Furthermore, a lawyer can play a critical role in demanding full and fair compensation for your family. This is because your attorney will know how wrongful death claims work and some of the common tactics used by insurance companies to underpay or deny claims. You should never attempt to handle a wrongful death claim in Owensboro, KY without having a dedicated attorney at your side. Doing so could be a big mistake.
Why Do Family Members Need a Wrongful Death Lawyer?
When someone is injured in an accident, their life is changed. The law protects the rights of these victims by allowing that victim to file a lawsuit to recover compensation. When someone dies in an accident, however, their family members are left to answer many difficult questions. It can be very hard to live with knowing that your loved one's death could have been prevented. It's why our attorneys at Morgan & Morgan work so hard to support your needs.
We know that your life will not be the same ever again and that no compensation award replaces the loss you've experienced. However, recovering damages for this preventable accident could be the only way to support your family through this challenging transition. Your decision to move forward with a lawsuit might also influence other people's behavior in the future, too. It sends a message that negligent and dangerous actions have consequences. This is why we take a personal approach for every family we represent because we know you are going through enough. Let us handle the legal aspects of your claim and answer your questions about what it takes to win a wrongful death case in Kentucky.
As our wrongful death lawyers in KY know, it's hard for a family to figure out what the future looks like when a loved one dies in an accident. We believe that no family should have to live through this alone, and it's why we work hard to understand your needs and work with you each step of the way. Contact the dedicated team at Morgan & Morgan now.