Wrongful Death FAQs
How can we help you?
How can we help you?
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 instances of drunk driving, semi truck wrecks, auto accidents, motorcycle accidents, or other serious injuries. Kentucky state law allows you to receive compensation in the event of a preventable death. Contact an experienced wrongful death attorney to help you get the compensation you and your family deserves.
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. Most importantly, do not discuss your case in any way or accept any form of compensation from the at-fault party or representatives.
The administrator of the estate—usually a spouse, parent, or other family member—has the right to file claims for the estate itself. We will file for the administrator appointment free of charge to our clients. In some wrongful death cases, other family members may have additional claims. An experienced attorney can help you determine who can file claims and seek compensation for the loss of your loved one.
The typical statute of limitations in a wrongful death case is one year following the appointment of the personal representative of the deceased individual. This appointment must occur within two years from the date of death. If you think you may have a wrongful death claim, it is important to contact an attorney immediately to review your case and preserve the evidence.
Recoverable damages in a wrongful death case encompass many things. You can recover medical expenses resulting from the negligent act that caused the death, funeral expenses, and expenses related to administering the estate. These expenses are relatively easy to define and seek compensation for. You may also be able to recover damages related to future lost income, pain and suffering, or loss of consortium. These are more difficult to ascertain and might require the use of expert witnesses. Contact an experienced attorney to help you collect everything you deserve.
Spouses, parents 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.
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.
We 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.