Glasgow, KY Barren County Wrongful Death Lawyers

When a loved one dies due to someone else’s negligence or intentional actions, it can be one of the worst experiences of your life.

Your family may have the legal right to file a wrongful death lawsuit against the individuals and/or companies who caused your family member’s death.

While no amount of money will bring back your loved one, a Greenville, Muhlenberg County KY wrongful death lawyer can help you pursue compensation that can potentially lessen the financial burden of funeral costs, an unexpected loss of income, and more.

Wrongful Death Statistics in Muhlenberg County

Calculating statistics on wrongful death cases is difficult because so many incidents could result in a lawsuit. Some examples of wrongful death include:

• A female driver in Muhlenberg County crossed into oncoming traffic, striking a vehicle head-on. She was killed instantly, and her passenger later succumbed to her injuries in the hospital.
• A driver charged with DUI struck and killed a pedestrian crossing the street in Muhlenberg County.

To learn more about the wrongful death cases we’ve handled and the financial awards we’ve received for our clients, contact Flora Stuart Templeton to schedule an initial consultation.

Accidents that Cause Wrongful Deaths

Numerous incidents can lead to a wrongful death lawsuit in Kentucky. Some of the most common cases we handle involve:

• Auto accidents,
• Motorcycle accidents,
• Semi-truck accidents,
• Bus accidents,
• Pedestrian accidents,
• Dog attack,
• Fire,
• Livestock in the road,
• Gunshot cases, and
• Bicycle collisions.

These are only the most common wrongful death cases we handle, there may be a potential wrongful death claim anytime someone is killed due to another party’s negligence. Call our experienced Greenville, Muhlenberg County Wrongful Death attorneys for a free consultation to discuss your case.

What Is Legally Considered a Wrongful Death?

A wrongful death is when a person is killed due to someone else’s fault, whether it’s negligence, an unlawful act, or intentional. Depending on the circumstances of the case, defendants can be individuals, small businesses, large corporations, or even government agencies.

In some cases, there may be multiple parties who are liable for a person’s death. All of the responsible parties are not always obvious, and failure to name them in a lawsuit within the applicable statute of limitations may waive your claim.

This is why it’s crucial to hire an experienced Greenville, Muhlenberg County KY wrongful death attorney, located in your community. We have an office right in the heart of Greenville, located at 105 E. Main Cross Street. Your wrongful death attorney will investigate and determine who needs to be named as a defendant in a wrongful death lawsuit.

How to Recover from a Wrongful Death Claim?

Recovering financial compensation in a wrongful death claim requires that you prove liability against the defendant.

You must show how they were negligent or reckless or how they intentionally caused the death of your family member.

Damages that are recoverable in a wrongful death lawsuit include costs of the funeral and burial expenses, potential pain and suffering of the deceased, and loss of earning capacity.

In cases where there is evidence of gross negligence or intentional wrongdoing, you may be eligible for a punitive damages award as well. Financial compensation awarded under punitive damages is specifically intended to punish the defendant and send a message to others not to repeat this behavior.

Surviving family members may also have an independent claim for loss of consortium of a loved one. Your Greenville, Muhlenberg County wrongful death attorneys will be able to guide you along and explain every potential claim you or your loved ones may have as a result the wrongful death.

Who Can Sue for a Wrongful Death in Kentucky?

Like other states, Kentucky has its own wrongful death statute regarding who may file a wrongful death action, and who may receive a distribution of the recovery in a wrongful death action.

Kentucky provides that the court-appointed personal representative is the individual who prosecutes the wrongful death action on behalf of the estate.

The probate courts prefer the surviving spouse or “next of kin” to be appointed over any other applicants. Our wrongful death attorneys will get the appropriate representative appointed in the appropriate court, for no additional attorneys’ fees.

After successfully prosecuting the wrongful death action, the personal representative can petition the court for an administrator fee for services rendered on behalf of the estate.

Wrongful Death Statute of Limitations

Your time to bring a lawsuit for a wrongful death claim in Kentucky is limited. In general, the statute of limitations says the estate must file within a year from the date your loved one passed away.

There may be some exceptions to the one-year rule, which is why it’s important to speak with a skilled Greenville, Muhlenberg County KY wrongful death lawyer as soon as possible.

For example, if your loved one died in a vehicle collision, you may have a longer time to file the wrongful death claim.

Don’t run the risk of missing the statute of limitations; let our experienced wrongful death attorneys help you.

Settlement Negotiations

Negotiating a settlement in a wrongful death case can be tricky. Some insurance companies may do their best to keep from accepting any liability or paying anything out on behalf of their insured.

Our experienced wrongful death attorneys have your back, with over 43 years of experience, we will deal with the insurance companies directly, so you don’t have to.

In an attempt to keep you from retaining a Greenville, KY wrongful death lawyer, the insurance company may extend a lowball offer. They know you are struggling emotionally and financially and hope you will want to settle right away.

That is another reason why you don’t want to handle a wrongful death claim on your own. When you have an experienced and caring attorney, they will conduct a thorough investigation to help support your claim for damages.

Our experienced wrongful death attorneys begin working on your wrongful death claim as soon as you contact us.

We will work hard to establish liability by getting recorded statements from witnesses and at-fault parties, photographing the scene, retaining expert reconstructionist to prove negligence in court, and sending letters of preservation so that the at-fault parties don’t destroy crucial evidence.

Our experienced wrongful death attorneys also hire experts to prove the damages in your wrongful death claim, including expert economist, vocational experts, and medical experts to prove pain and suffering claims.

Statistics of Fatal Incidents in Kentucky Which May be Attributed to Wrongful Death

• According to a 2018 Report, 724 people were victims of fatal traffic collision on public roads in Kentucky.
• According to a 2019 Report from the Kentucky Office of Highway Safety 77 motorcyclist were killed in Kentucky.
• In 2017, 83 pedestrians were killed in Kentucky traffic collisions.
• In 2018, 9 bicyclist were killed in Kentucky traffic collisions.
• In 2018, 2 people were killed in Kentucky by collisions with a railway train.
• In 2018, 3 people were killed in Kentucky involving collision with animals (not including deer).
• In 2018, 216 people were killed in Kentucky in collisions with fixed objects.

The Flora Templeton Stuart Difference

You have plenty of options when it comes to choosing a Greenville, Muhlenberg KY wrongful death lawyer, so you might be wondering why hire us? Aside from decades of experience handing Kentucky personal injury cases, we are genuinely committed to the community.

We strongly believe in giving back to the communities we live and work in. Ms. Flora Templeton Stuart founded Poppy Field Trip and Todays’ Leader, which recognize schools, teachers, and students for their leadership and service.

She has traveled to schools all over the region delivering school supplies and often attends local community events across South Central Kentucky and Tennessee. In addition, she founded the BgOnStage charity to bring theater arts to local schools.

Our firm also sponsors numerous important charities like Toys For Tots, Kids On The Block, Stuff the Bus, and more.

Our commitment to the community is not the only reason to hire us. We have a proven record of success with Kentucky wrongful death lawsuits and have recovered millions for our clients.

The loss of a loved one is traumatic. You are going through a challenging time, which is why you need someone you can trust who will protect your family’s rights and help hold the responsible parties accountable.

Please don’t attempt to take on the Kentucky legal system alone, let us represent you. Contact Flora Templeton Stuart today to schedule an initial consultation. We’re local and we care, with an office located in the heart of Greenville at 105 E. Main Cross Street, we are here to meet with you as soon as possible to discuss your wrongful death claim.

FAQ on Wrongful Death Lawsuits in Kentucky

Understandably, you may have numerous questions regarding wrongful death lawsuits and how they work. Here’s a look at several of the most commonly asked questions we receive from prospective clients.

Do I Need a Wrongful Death Lawsuit If There Is a Criminal Case Pending?

Criminal cases and civil lawsuits are entirely different. They are handled independently and involve two different court systems. Just because there is a criminal case pending against a defendant does not mean you have to wait until conviction to file your wrongful death claim.

Many criminal cases take years to resolve, and waiting may run your statute of limitations for the civil suit, thus waiving your claim forever. That is why it is important to speak to our experienced wrongful death attorneys as soon as possible.

While the civil and criminal cases are separate, a criminal conviction or guilty plea may greatly help your civil wrongful death claim. Sometimes, the defendant in a criminal proceeding with be willing to provide information or signed affidavits that may help your civil claim.

In the instance of a criminal charge related to a wrongful death claim, our wrongful death attorneys will work with the investigating officers, defense attorneys and prosecutors to maximize the benefit to your civil wrongful death claim.

Who Receives the Wrongful Death Recovery?

Kentucky statute provides that the personal representative of the estate is the one who files the lawsuit and prosecutes the wrongful death claim, but any financial award will go to the eligible family members.

There is a specific hierarchy of who is eligible to receive a recovery from a wrongful death lawsuit, after funeral expenses and cost of administration. For example, the surviving spouse has the first right.

If there are a spouse and surviving children, the spouse will get half and the children will split the other half evenly. If there is no surviving spouse, then the children will split the recovery equally.

The personal representative can petition the court for an administrator fee for services rendered on behalf of the estate. Consortium claims are separate from the Wrongful Death claim, and are intended to compensate the surviving spouse for loss of love and affection of the deceased.

Minor children are also entitled to consortium for the loss of their parents, and parents are entitled to consortium for loss of their minor children. It is important to speak to our experienced wrongful death attorney to assist you in determining if you are eligible to file a claim or receive compensation.