The loss of a loved one leaves a void that can never be filled and the laws are complex. When someone’s negligent act fatally injures another, the responsible party should be held accountable. Surviving family members are often left with steep medical bills, funeral costs, lost income and deep emotional loss. our team of Bowling Green wrongful death lawyers at the flora Templeton Stuart Accident Injury Lawyers believes that the at-fault party should be required to fairly compensate you and your family.
With over 47 years of experience in representing clients in wrongful death cases, we have the experience and results. Initial consultations are free and we will visit you at your home or at the hospital if you are unable to come to our office. To speak with one of our experienced wrongful death attorneys, call (888) 782-9090 or contact us online.
There are several types of types of damages that can be collected in a wrongful death claim. These include the following:
Special Damages: these are actual damages with specific monetary amounts that include medical expenses, funeral expense and lost income. our law firm will retain an economist to determine the work life of the individual who died and income they would have received had they lived. Medical bills and funeral expenses are obtained by our office for treatment following the collision. Very often in wrongful death cases there are minimal medical expenses if the person dies instantly. The bulk of special damages will be the loss of income and benefits over the remainder of their life had they lived.
Pain and suffering: if the deceased survived even a few moments in time it is assumed in Kentucky that they suffered pain and be compensated for those brief moments left in their life when they were likely aware of impending death with considerable pain. Pain and suffering is determined by a case by case basis when the insurance case is settled or by a jury.
Consortium Claims: In Kentucky the spouse, children and parents of a lost child will have a consortium claim. This is the claim for the suffering of the remaining family member, parent, child or spouse for the loss of their loved one. In establishing a consortium claim it is necessary to obtain evidence of the relationship of the parties, photos of how they were when they were together so that loss can be established. We often create a day in the life of the family to show the love that they held for each other. This type of evidence is used to maximize a consortium claim.
Property Damage: any car or truck accident resulting in the death of a person may be loss of the vehicle so you can collect property damage which the value of the vehicle prior to the collision.
Kentucky state law, Statutes section 411.130 states that wrongful death is, “the death of a person (that) results from an injury inflicted by the negligence or wrongful act of another.”
The following incidents are commonly the cause of wrongful death claims:
We immediately traveled to meet with the family of the deceased when they called for our help. We feel it very important to meet in on location with the family in these tragic cases. In addition to investigating the collision we reserved the PIP benefits of $10,000.00 for our client’s loss of income and funeral expenses along with payment of medical bills for the children who were in the accident.
Our team of investigators established that the driver of the truck was in violation of several Kentucky traffic regulations, which included operating a commercial vehicle without a CDL operator’s license. A vehicle inspection also revealed a dangerous number of missing or defective parts, such as inoperative head/tail lamps, missing axle positioning parts, inoperative turn signal, and improperly attached frame accessories.
We established that the drier of the commercial vehicle was at fault for the accident. Once we established liability for any accident, our team reviews the assets and insurance policies of the at-fault driver to determine their financial responsibility for the accident along with available insurance to collect for our injured clients and tragic loss.
When representing children in consortium claims or injuries in a collision, we recommend the establishment of annuities when they reach 18, they will not receive all the money at once so they will have funds available to them for their future.
In this case, we established an annuity for each child where at the age of 18 they will receive a portion of their funds with the remainder for four years to attend college or trade school.
The establishment of future income for our young clients is always an important part of our representation. We want to ensure their future.
At Flora Templeton Stuart Accident Injury Lawyers, Flora works closely with the families who have lost a loved one with compassion.
**The client’s name has been changed to protect his confidentiality.
James’ wife had a loss of consortium claim from the loss of her husband. Persuant to KRS 411.145 a wife may recover damages from the wrongful act of another person in causing the death of their spouse.
This is for the loss of services and companionship as husband and wife.
In addition, there were consortium claims for the children for the loss of their father pursuant to KRS 411.135. The four children were very close to their father and the loss was very difficult. The companionship and affection of their father who was always there for them troughout their lives were lost.
James had a good job and had worked all his life. His family was entitled to loss of earnings for the remainder of his work life which were established by our economist. In these cases, no stone is unturned by our law firm to collect all the money that the families so deserve in these tragic cases. Although it is impossible to restore their husband and father, we do everything we can to make their life better after this loss.
If your loved one has died due to the negligence, carelessness, or wrongful act of another, you may have a wrongful death claim. Often these claims arise from drunk-drivers, semi-truck wrecks, d suffering
Due to the complexity of the law surrounding wrongful death cases and the statute of limitations for filing, an attorney who has experience in these cases should be consulted immediately. An executor or administrator will need to be appointed to represent the estate which is usually a spouse or other family member.
Spouses, parts of a deceased minor child, and minor children of the deceased individual may also be able to recover damages for the loss of companionship, mental anguish, or loss of support from the deceased – called consortium claims.
The administrator of the state, usually a spouse, parent, or another family member, has the right to file claims for
the estate. Your attorney will file a petition in probate court for appointment of the administrator to represent the estate.
If the death is caused by a willful or grossly negligent act, punitive damages could be awarded to the spouse, parent, or minor child of the deceased individual. Punitive damages are awarded to punish the defendant for their intentional, malicious, or grossly negligent act. An experienced attorney can help you determine if you are entitled to punitive damages in your wrongful death claim.