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If your loved one has been killed in a tragic accident due to the fault of another, contact the Law Firm
of Flora Templeton Stuart immediately so we can help.
The Law Firm of Flora Templeton Stuart represents persons who suffer damages due to the negligence of another.
We work hard to collect all the money our clients deserve. Each case is different and the collection of damages
is based on many factors to include insurance coverage, the extent of your injury, and the unique facts of your case.
We work hard to collect damages for our clients based on the many factors of each individual
case. Our goal is to leave"no loose ends". Even after the case is settled we negotiate for our client's
liens with Medicare, Medicaid and health insurance or negotiate with the healthcare providers (doctors and hospitals)
to reduce bills so our clients will be made whole. In representing children, we set up trusts as well as college
funds for their future. We do everything we can to make sureour clients obtain medical
treatment with qualified physicians and hospitals. No fees, costs or expenses are collected unless our client recovers.
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What is a wrongful death claim?
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A wrongful death claim is a statutory cause of action that may be brought by the person appointed by the court
to handle the estate (administrator, administratrix, executor, executrix) who are usually family members of the
deceased such as a surviving spouse, children, parents of the decedent or brothers and sisters. This action is
brought by the court appointed administrator, etc. to compensate the estate and the deceased person for the losses
sustained as a result of the wrongful death of their family member. In order to collect money for a wrongful death
claim the act of negligence must have caused the death of the decedent; for example, a car accident caused by another
individual who was at fault and claims the life of another.
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What type of damages may be recovered in a wrongful death claim?
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Usually the recoverable amounts are limited to damages for physical pain, suffering, property damages,
medical expenses, funeral bills and the loss of income and benefits over the life of the deceased. Punitive
damages may be recoverable as well.
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In addition to the above, other damages that may be recovered in wrongful death cases are as follows: |
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Recovery by spouse:
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A surviving spouse may recover damages for loss of companionship and mental anguish caused by the death
of his or her spouse. The surviving spouse may also recover financial contributions that he or she would
have received in reasonable probability, as well as the financial value of intangible services that the
deceased spouse would have rendered in reasonable probability.
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Recovery by children:
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A surviving child or children may recover damages for the loss of companionship and mental anguish caused
by the death of his or her parent. A minor of the decedent may also recover the sum that the decedent would
reasonably and probably have contributed to the maintenance of the child and the value of services that the
deceased in reasonable probability would have rendered in training, advising and educating the child. Adult
children may also recover the sum that the decedent would reasonably and probably have contributed to the
child.
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What is the first step in pursuing a wrongful death claim or survival action?
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Due to the complexity of the law surrounding wrongful death cases and the statutes of limitations for
filings, an attorney who has experience in wrongful death cases should be consulted immediately. The Law Firm of Flora Templeton Stuart can represent you in a Kentucky wrongful death or TN wrongful death case. |
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What are the costs involved in pursuing a wrongful death case?
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Each Kentucky wrongful death lawyer in the Law Firm of Flora Templeton Stuart can handle wrongful death cases and survival actions on
a contingency fee arrangement. This means our law firm will not charge an hourly rate, but instead will be
paid a percentage of the recovery in the event of a settlement or judgment. The law firm of Flora Templeton
Stuart will not recover any cost, fees or expenses unless you
recover.
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