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Wrongful Death

What is a wrongful death case?
What is the first step in pursuing a wrongful death claim or survival action?
Who can file a wrongful death claim?
How long do I have to file a wrongful death claim?
What damages can I recover in a wrongful death case?
What is a consortium claim?
Can I recover punitive damages in a wrongful death claim?
What are the costs involved in pursuing a wrongful death case?

Q: What is a wrongful death case?

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.

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Q: What is the first step in pursuing a wrongful death claim or survival action?

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.

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Q: Who can file a wrongful death claim?

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.

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Q: How long do I have to file a wrongful death claim?

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.

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Q: What damages can I recover in a wrongful death case?

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.

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Q: What is a consortium claim?

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.

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Q: Can I recover punitive damages in a wrongful death claim?

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.

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Q: What are the costs involved in pursuing a wrongful death case?

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.

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We serve Kentucky and Tennessee to include: Bowling Green, Glasgow, Warren County, Barren County, Allen County, Adair County, Butler County, Casey County, Christian County, Clinton County, Cumberland County, Edmonson County, Grayson County, Green County, Hart County, Hopkins County, Logan County, Marion County, Metcalfe County, Monroe County, Muhlenberg County, Ohio County, Russell County, Simpson County, Taylor County and Todd County.

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