Losing a loved one is devastating and it may prove difficult to recover from the loss, especially if it was due to an accident. Even in your grief, your family may also be dealing with financial hardship due to funeral expenses, loss of income, and more. If your spouse or close family member has died in an accident, a Paducah wrongful death attorney may be able to help you recover compensation to pay for these expenses and other damages including, pain and suffering.
In a wrongful death lawsuit, a Paducah attorney will work on your behalf to prove to a judge, jury, or settling insurance company that the death of your loved one was caused by the negligent or reckless act of another. If you have lost a spouse or family member in an accident, we may be able to help. To learn what a Paducah wrongful death attorney may be able to do for you, please fill out our free case evaluation form today.
What Is Wrongful Death?
In legal terms, wrongful death is the loss of a life as a result of another’s negligent or deliberate behavior. Wrongful death lawsuits seek to hold another party liable for a preventable loss of life. A claim may be brought against any entity whose carelessness resulted in another’s death, from a negligent surgeon to a drunk driver. Although no amount of compensation can replace a loved one, Kentucky wrongful death laws are crafted so that a victim’s family can seek compensation and regain financial stability following a sudden accident.
What Happens in a Paducah Wrongful Death Lawsuit?
When a potential client comes to us after losing a loved one, our first step is to determine whether their claim is viable. To have a viable claim, another entity, such as a motorist or doctor, must have been negligent or intentional in causing the death. To prove negligence, our Paducah attorneys will have to show that the defendant owed the deceased a duty to prevent him or her from unreasonable harm, and that this duty was breached.
For instance, doctors are obligated to provide their patients with a certain level of care. If a doctor’s care falls beneath this standard (e.g., he or she failed to order a standard diagnostic test) and a patient dies as a result, the doctor could be found negligent.
Next, our lawyers must show that this breach of duty directly contributed to the death. This may require hiring medical experts to show the link between the doctor’s negligence and the death of the patient.
Lastly, we must show that the family suffered damages as a result of their loved one’s death. These damages may include economic and noneconomic losses, detailed below. If you believe your loved one suffered a wrongful death, our attorneys may be able to help you sue the person or entity responsible for your loss.
After we have obtained evidence and determined liability for your loss, we will work with economic experts to determine the extent of your losses. If the defendant cannot agree to a proper settlement offer, we will hire experts, investigators, and witnesses to stand trial. At Morgan and Morgan’s Paducah office, our attorneys pride themselves on being trial lawyers who are not hesitant to go to court to see that our clients are properly compensated.
Wrongful Death Damages
In a Paducah wrongful death lawsuit, survivors of the victim may be able to seek compensation for the following damages:
Medical and Funeral Expenses: Through a wrongful death lawsuit, the surviving spouse and certain relatives of the decedent may be able to recover medical costs incurred as a result of the incident that lead to the victim’s death. In addition, funeral expenses may be recovered through a wrongful death lawsuit.
Conscious Pain and Suffering: The victim’s spouse and relatives may be able to receive compensation if the decedent was conscious and aware of their impending death or expressed pain during their death.
Destruction to Labor and Earn: The victim’s spouse and family members may be able to receive compensation for the value of lost earnings and retirement benefits. To determine the value of this loss, our wrongful death attorneys will work with economic experts who will review the decedent’s employment history and explain to a jury, if necessary, the economic loss that the decedent suffered as a result of the wrongful death.
Loss of Consortium: The surviving spouse may be awarded compensation for the loss of services, assistance, aid, society, and companionship of his or her loved one as a result of their wrongful death. Surviving parents may be awarded compensation for the loss of love, affection and companionship of their minor children as a result of their wrongful death. Likewise, minor children may be awarded compensation for the loss of services, assistance, aid, society and companionship of their parents as a result of their wrongful death.
Punitive Damages: Although rare, punitive damages are awarded by courts in cases involving intentional, reckless, or grossly negligent conduct. Punitive damages are intended to discourage others from engaging in similarly dangerous behavior.
If you believed your loved one suffered a wrongful death, we may be able to help. To learn how our Paducah wrongful death attorneys may be able to help, please fill out our free case evaluation form today.