It is heartbreaking and highly emotional anytime someone loses a loved one. Those feelings might be slightly different if you unexpectedly lose a loved one due to the negligence and unsafe acts of another. The last thing you think about after a loss is hiring a Lexington wrongful death attorney. Unfortunately, under Kentucky law, a wrongful death claim must be filed with the appropriate court sooner than other types of cases.
It is heartbreaking and highly emotional anytime someone loses a loved one. Those feelings might be slightly different if you unexpectedly lose a loved one due to the negligence and unsafe acts of another. The last thing you think about after a loss is hiring a Lexington wrongful death attorney. Unfortunately, under Kentucky law, a wrongful death claim must be filed with the appropriate court sooner than other types of cases.
Also, the person or company that caused the death may deny responsibility for your loss. Even worse, the insurance carrier for the responsible party may not fairly evaluate your loss. Critical evidence may need to be examined quickly. It is therefore imperative that you contact an attorney as soon as practicable.
At Golden Law Office, our attorneys have handled many claims. We know the urgency of investigating this devastating claim and the importance of hiring the appropriate experts – whether they are accident reconstructionist specialists, engineers, economist, or medical experts – to present a strong case. We’ll get your loved one the justice they deserve.
Every state has their own wrongful death laws. Kentucky’s are established under statute section 411.130. According to the statute, wrongful death is defined as a death that is caused by the negligent or wrongful acts of another. The wrongful behavior could have been unintentional or intentional.
One way to think of a wrongful death suit is like a personal injury claim the deceased is unable to file. If the person had survived their injury, they would have been able to take legal action on their own behalf. Instead, however, it’s up to the family members to bring the claim to court.
In Kentucky, an appointed personal representative is responsible for bringing the decedent’s claim to court. If that appointed individual is a family member, it can be an overwhelming challenge to seek justice for their loved one’s death and compensation to secure their family’s future. An attorney can ensure a thorough investigation is completed and the family has all the evidence and figures they need to present the strongest case possible.
The investigation will help ensure the family and court knows exactly why the individual died. It’s likely the guilty party will not be entirely forthcoming, so an investigation can bring to light what happened and why it happened.
Your attorney can also make sure you do not have to deal with insurance companies alone – who may be trying to present you with a quick and unfair offer to prevent a potential lawsuit. We’ll make sure you’re not offered less than you’re owed.
It’s also important to note that claims of this nature in Kentucky are under a strict statute of limitations. You have one year from when your loved one passed away to file a wrongful death claim. One year isn’t a lot of time so it’s important to meet with your attorney as soon as possible. They will ensure you do not miss out on your opportunity for justice and compensation.
Auto Accidents
No matter how many traffic laws and safety measures exist, there will always be negligent drivers on the road. When those individuals choose to speed, text, drink and drive, or break other traffic laws, they are putting others on the road at risk.
Medical Malpractice
Doctors are supposed to provide patients with the accepted standard of care. Negligent physicians may actively or passively make mistakes that bring significant harm to their patients. Surgical mistakes, birth injuries, and medication errors are among the most common that result in wrongful death.
Nursing Home Abuse
Long-term care facilities are supposed to provide their residents with opportunities for a high quality of life. When staff members are intentionally or unintentionally abusive or neglectful, the consequences can be life-threatening.
Premises Liability
Property owners are supposed to ensure their property is safe for others to inhabit. In the event there are hazardous conditions, a visitor could get seriously hurt. If, for example, a broken step causes a person to slip and fall and hit their head, they could sustain permanent brain damage.
