Losing a family member is one of the most traumatic experiences that you will ever face. The pain is compounded further if their death resulted from someone else’s negligence.
Understandably, you’ll want to hold the responsible parties accountable. In addition to your emotional loss, your family may be facing bills, burial costs, a sudden loss of income, and more. This is when you need to contact an experienced wrongful death lawyer in Glasgow, Barren County Kentucky.
Determining statistics on wrongful deaths is not easy since so many incidents and accidents can lead to a wrongful death lawsuit. In some cases, the state will bring criminal charges against the defendant as well. Some examples of local incidents involving wrongful death include the following:
If you want to learn more about wrongful death cases in Barren County, our Glasgow, KY wrongful death lawyers can share examples of our prior case results and the financial awards we’ve won for our clients.
When someone dies due to another person’s intentional actions, negligence, or willful misconduct, it can give rise to a wrongful death claim in Kentucky. Some of the more common types of wrongful death claims arise from the following types of events:
Wrongful death cases can also arise from other types of incidents, including those involving a accidental gunshot deaths, equipment failure, or any type of general negligence from a third party that leads to death.
If the deceased dies with a will, the will often states who the deceased wishes to be appointed Executor/Executrix over the estate. If the will is silent, or if the deceased died without a will, then the surviving spouse, parent, or other next of kin has preference to file for, and be appointed, Administrator/Administratrix.
Our Glasgow Wrongful Death attorneys will file for the administrator appointment free of charge to our clients. The administrator of the estate can petition the court for an administrative fee for the services rendered on behalf of the estate.
The laws in Kentucky are specific on who can receive compensation in a wrongful death case, which is why it’s best to contact a Glasgow, Barren County KY wrongful death lawyer.
Kentucky’s Wrongful Death statute provides the successive order in which any wrongful death recovery is distributed amongst the family, after funeral expenses, administrator fees, and attorneys fees have been paid: First, if there is a surviving spouse with no children, the spouse will receive the entire award.
If there is a surviving spouse with children, the spouse will receive half, and the surviving children will share in the remaining half. If there is no surviving spouse, the children will split he entire award equally.
In situations where the deceased has no surviving spouse or children, their parent or parents will receive the entire award. Absent any surviving spouse, child, or parent, the award will pass to the estate.
After appointment, the personal representative can prosecute the wrongful death action and can hold the at-fault parties financially responsible. No amount of financial compensation will bring your loved one back, but a wrongful death lawsuit can help you recover damages that will assist with the loss of financial and emotional support.
A wrongful death claim is about the deceased, and considerations include the amount of their medical bills, lost wages, and pain and suffering. A consortium claim is about the surviving spouse’s loss of companionship or affection. In Kentucky, minor children can have consortium claims for the loss of their parents, and parents can have consortium claims for the loss of their minor child.
Damages in a wrongful death claim will vary. Some of the potential damages you may be entitled to include:
To receive punitive damages, you must show that the defendant acted intentionally or was grossly negligent. The purpose behind a punitive damages award is to punish the person’s conduct, but punitive damages also compensate the deceased’s estate as a result.
If you are concerned about the cost of retaining a Glasgow, Barren County, KY wrongful death lawyer, you might be surprised to learn that most attorneys work on a contingency basis.
That means we won’t receive payment unless you do. As with other personal injury cases, attorneys typically take a percentage of your settlement or jury award as payment for legal fees. You won’t need to advance costs upfront or worry about paying hourly fees.
You have multiple Glasgow, KY wrongful death lawyers to choose from, so you might be wondering why you should choose us over another firm. Our legal team has over four decades of experience helping Barren County families with all their personal injury needs, including wrongful death lawsuits. We offer compassionate yet aggressive representation.
We understand what a difficult time this is for your family, and our priority is to help you pursue the maximum amount of compensation possible.
We have a proven success rate, recovering millions of dollars on behalf of our clients over 90 percent of our cases. If you lost a loved one and wonder whether you have grounds to bring a wrongful death lawsuit, let us assist you. Contact Flora Templeton Stuart today by calling (888) 782-9090 to schedule a free initial consultation. We’re local and we care. We have an office located at 213 S. Green Street, right off the square in the heart of Glasgow, KY.
Understandably, clients have numerous questions about wrongful death claims before meeting with us. Here are some of the most common questions we get from prospective clients.
No, a criminal action arising from a wrongful death is not the same thing as a civil case for damages. With a criminal case, it’s the State of Kentucky that is bringing charges against the defendant, who could be facing jail time, fines, and other consequences as a result.
With a civil case, the deceased’s personal representative is filing the lawsuit, asking for financial compensation for the deceased’s surviving family members. Many times, criminal investigations, convictions, or guilty pleas can be beneficial in helping to prove the Glasgow Wrongful Death claim.
Depending on the circumstances, your attorney will rely on numerous factors when determining a case’s value. Our attorneys hire leading experts in their field to prove damages in court. An expert economist provides testimony as to how much the deceased would have made for the rest of their life had they not been killed due to someone else’s negligence.
An economist can also testify as to the value of the loss of household services that the loved one provided for things like cleaning, laundry, cooking and other services ordinarily performed by the deceased.
Medical experts can provides testimony on the injuries or potential pain and suffering the love one endured before death. It is important to contact an experienced Glasgow Wrongful Death attorney to maximize the amount of damages available in the wrongful death action.
Time is limited when it comes to filing a wrongful death lawsuit in Kentucky. In many cases, you may have only a year from when your family member passed away to bring a claim for damages. That may also be extended by the date of appointment of the personal representative. If a loved one died as a result of an automobile collision, that statute may also be extended to two years from the date of the collision.
Pursuing a wrongful death claim is complicated. Failure to file your lawsuit within the statute of limitations period could mean you and your family are barred from recovery. That is one reason why it’s so important to retain a Glasgow, KY wrongful death lawyer early on.