Florence Wrongful Death Lawyer
No family should have to endure the wrongful death of a loved one. Sadly, one person’s negligence or recklessness can be fatal for others. If you lost someone close to you in a motor vehicle accident, premises liability incident, workplace disaster, due to medical malpractice, because of a defective product or through other traumatic circumstances, contact our lawyers or a free consultation at (502) 540 5700. The Florence, Kentucky wrongful death attorneys at Hendy | Johnson | Vaughn | Emery are passionate about helping families in the community recover. We may be able to help your family hold someone responsible for a preventable death.
Why Hire Us?
- We have many years of experience in the personal injury and wrongful death practice areas.
- We have successfully obtained more than $1 billion collectively for our past clients.
- We focus our energy on our clients, prioritizing open communication and honesty.
- We can handle wrongful death claims involving many types of fatal accidents.
- We accept all Florence, Kentucky wrongful death claims on a contingency fee basis.
What Is a Wrongful Death?
In Kentucky, the legal definition of wrongful death (Kentucky Statutes section 411.130) is a fatal injury to a person due to the negligence or wrongful act of someone else. State law yields the right to recover damages to a family in the form of financial compensation from the person or party who caused the death. If the act in question was grossly negligent or willful, state law also gives the plaintiff grounds to recover punitive damages.
Wrongful Death Case Laws in Kentucky
As a plaintiff, you must abide by certain rules and laws in Kentucky when bringing a wrongful death claim. Hiring a wrongful death lawyer can make it easier to navigate these laws. The first is the statute of limitations. You must bring a lawsuit no later than two years from the date of the death in Kentucky. You must also be the decedent’s personal representative of the estate to file a claim. This is a title the courts can give a relative during probate. In general, this role will go to a relative of the deceased person. The representative can file, with help from a lawyer, to recover damages for distribution among the estate and surviving family members.
During your wrongful death claim, you or your attorney will need to fulfill the burden of proof in terms of evidence. Your side of the case will have to gather enough evidence to prove that the defendant(s) more likely than not caused your loved one’s death. The four key elements for a wrongful death claim are duty of care, neglect or willful failure to fulfill this duty, causation for the fatal injury, and damages suffered. A lawyer from the Law Offices of Hendy | Johnson | Vaughn | Emery may be able to help you meet the elements of proof during your claim using proven demonstrative techniques.
Damages Available for Wrongful Death in Kentucky
In a successful wrongful death claim in Kentucky, both the deceased person’s surviving relatives and his or her estate could recover financial compensation. The liable party may owe a plaintiff money for reasonable funeral and burial expenses, legal fees, and compensatory damages to satisfy the losses of surviving family members. Compensatory damages could cover losses such as emotional anguish, loss of the loved one’s consortium and lost income. Distribution of damages will happen according to Kentucky law, starting with a surviving spouse and children and ending with the estate and any heirs.
Contact a Florence, KY Wrongful Death Lawyer Now
You may bear the right to file a lawsuit against one or more parties in Florence, Kentucky after the wrongful death of someone you loved. A successful case could give your family justice, closure and the necessary financial recovery to move forward. Discuss a potential case with our wrongful death lawyers as soon as possible. Schedule a free consultation by contacting us online or calling (502) 540 5700.