Losing a loved one due to someone else’s negligence or misconduct is an unthinkable tragedy that leaves you not only full of grief but also angry, confused, and financially strained. If your family is facing this difficult situation in Somerset, Kentucky, you may have the right to seek justice through a wrongful death claim.
The experienced wrongful death lawyers at Morgan, Collins, Yeast & Salyer want to help your family get answers, hold the responsible parties accountable, and pursue the compensation you deserve. Our team has the Kentucky Courage you need during one of the most difficult times of your life.
Contact us today to learn more in a free consultation with a Somerset wrongful death lawyer at our law firm.
What Does a Wrongful Death Attorney Do?
Our wrongful death lawyers help surviving family members take legal action when a loved one dies due to another party’s negligence, recklessness, or intentional act. Whether the loss occurred in a car accident, a workplace incident at a manufacturing plant, as a result of medical malpractice, or some other type of fatal accident, our Somerset wrongful death attorneys stand ready to fight for the justice and financial stability your family deserves.
Here are just a few of the many steps our attorneys take during a typical wrongful death case:
- Investigating the cause of death
- Establishing liability
- Gathering evidence
- Filing wrongful death claims on behalf of surviving loved ones
- Negotiating for a fair settlement
- Pursuing compensation through litigation in court, if necessary
What Damages Can I Receive from a Wrongful Death Claim?
Compensation in a wrongful death claim seeks to account for the financial and emotional hardship of losing a loved one due to someone else’s carelessness. Our Somerset wrongful death attorneys can pursue the following types of compensation:
- Funeral expenses and burial costs – Honoring your loved one with the farewell they deserve can be extremely costly. A Kentucky wrongful death lawsuit can seek to recover the cost of a funeral, casket, burial or cremation, and related expenses.
- Loss of financial support – If you relied on your loved one for financial support, you may be entitled to the wages, benefits, and retirement income they would have provided over their lifetime.
- Loss of companionship and guidance – The presence, guidance, and emotional support of your loved one are often the greatest losses of all. Wrongful death compensation seeks to account for these losses.
- Medical expenses before death – If your loved one received medical care such as ambulance services, hospital stays, surgeries, and other life-saving efforts before their passing, you may be entitled to compensation for the costs.
- Punitive damages – Punitive damages exist to punish intentional or grossly negligent acts and to deter people from similar behavior in the future. Our experienced Somerset wrongful death attorneys can help you understand if punitive damages may be sought in your particular case.
What You Need to Know About Kentucky Wrongful Death Laws
Specific statutes and rules govern Kentucky wrongful death lawsuits. Here are a few important things to keep in mind:
Personal Representatives Must File the Claim
While surviving spouses, children, parents, and in some cases, siblings may be entitled to compensation in a wrongful death case, only the personal representative of the deceased’s estate may file a claim. If compensation is recovered, the proceeds are distributed according to Kentucky law.
There Is a Time Limit to File a Wrongful Death Suit
In general, you have one year from the appointment of a personal representative of the estate to bring a wrongful death claim. If a representative is appointed more than a year after your loved one passes, then the action needs to be brought within two years of the date of death.
If you miss this deadline, you may be barred from seeking compensation. It is crucial to contact our law firm as soon as possible to avoid limiting your legal options.
Compensation Is Distributed in a Specific Order
Compensation is typically awarded to the surviving spouse first. If the deceased has children, compensation is divided between them and the spouse. If there is no spouse, the entire amount goes to the children. If there is no spouse or children, the parents of the deceased may receive the compensation.
If the deceased has no surviving spouse, children, or parents, compensation becomes part of the estate and is distributed according to the will or Kentucky’s inheritance laws.
Types of Accidents That Lead to Wrongful Death Cases
Wrongful death claims arise from a variety of accidents and negligent acts in Somerset and throughout Kentucky. Some of the most common examples include:
- Car accidents
- Truck accidents
- Motorcycle crashes
- Workplace accidents
- Medical malpractice
- Nursing home neglect or abuse
- Defective products
- Premises liability
Every wrongful death case has unique legal considerations. Our attorneys can conduct a thorough investigation into the cause of death to determine who may be responsible and pursue accountability and fair compensation.
How Can Hiring a Somerset Wrongful Death Attorney Help Me?
Working with our experienced Somerset wrongful death attorneys could make a significant difference in the outcome of your case. Our attorneys can help by:
- Gathering evidence – Obtaining, preserving, and presenting strong evidence is the foundation of any successful wrongful death case. Our attorneys can gather evidence like police reports, medical and financial records, and witness testimony to build the strongest case possible.
- Working with experts – We have a network of trusted experts, such as accident reconstructionists and medical specialists, who can offer unique insight and credibility to your claim.
- Offering critical support – Fighting for justice while facing the most difficult time of your life can be an incredible challenge. We offer not only tenacious legal representation but compassion, understanding, and dedication to honoring your loved one and holding the responsible parties accountable.
- Negotiating and litigating – We will not accept any quick settlements that are less than you deserve, and we will not back down from big insurance companies. Our team will advocate aggressively for the justice and compensation you deserve, either at the negotiating table or in the courtroom if necessary.
How to Choose the Right Wrongful Death Attorney for You
Your attorney should offer not only deep legal knowledge and extensive experience, but also a reputation for compassionate service and client satisfaction. When choosing the right one for you, look for:
- Experience in wrongful death cases – Your attorney should have a strong background with the type of case you are pursuing. Ask them about similar cases they have handled and what results they have achieved.
- Local knowledge – Few things are more valuable when pursuing a wrongful death claim than working with an attorney who understands the local court systems and community.
- Clear communication – You never want to work with an attorney who leaves you in the dark about the progress of your case. Be sure they make themselves available as much as possible, and that they are capable of communicating with clarity.
- Contingency Fee arrangements – Do not risk further financial distress to seek the accountability you deserve. Our firm charges you nothing in legal fees unless we win your case.
If you have lost a loved one due to someone else’s negligence, the team at Morgan, Collins, Yeast & Salyer wants to help you. We are proud to represent people in Somerset as they seek justice on behalf of their lost loved ones. We have the Kentucky Courage to fight for you.
Contact us today for your free consultation with our legal team.