Losing a loved one is an unimaginable tragedy, and the pain is only intensified when their death is the result of someone else’s negligence or wrongdoing. At Sam Aguiar Injury Lawyers, our compassionate Elizabethtown wrongful death lawyers understand the profound impact of your loss and are dedicated to seeking justice for your family. Our lawyers take pride in giving you the best representation possible so you can feel assured and have peace of mind during this difficult time. Contact us today for your free consultation. We will do everything we can to shoulder your legal concerns so you can focus on mourning your beloved family.
Why Choose Sam Aguiar for your Elizabethtown Wrongful Death Lawyer
At Sam Aguiar Injury Lawyers, we take to heart the pain that you have suffered and devote ourselves to providing everything we can in your case. Whether by a settlement or verdict, our team will do all we can to secure the best outcome possible in your claim in honor of your deceased loved one. Our Elizabethtown personal injury lawyers will comb through the evidence and precedent to provide you with a legal strategy and argument you feel confident in. We take pride in the track record of our cases, including a $12 million recovery for a wrongful death client. We promise a “No Fee Guarantee,” ensuring our clients only pay if they win. Trust in us to provide you with the representation you need to secure the justice you deserve.
How an Elizabethtown Wrongful Death Lawyer Will Assist In Your Claim
While nothing can ever replace the memory of a loved one, the reality is that a wrongful death can come with substantial costs. Medical bills, insurance claims, and lost future wages can compound your loss with even more stress. An Elizabethtown wrongful death lawyer will provide you with the best chance of financial recovery so that you may have this peace of mind during this difficult time. Our team of lawyers will assess the damages in your claim, confidently handle the negotiations with insurance companies, and represent your family’s interests in court. We will do all we can to provide you with the justice that you deserve.
What is an Elizabethtown Wrongful Death Claim?
An Elizabethtown wrongful death claim is designed to provide financial compensation for the surviving family members or the estate of the deceased. Such damages may include funeral expenses, lost income, and loss of companionship. Under Kentucky statutes, specific individuals, typically the closest surviving relatives or a representative of the deceased’s estate, are eligible to file this claim (KRS 411.130).
Common Types of Elizabethtown Wrongful Death Claims
Elizabethtown wrongful death claims can occur due to various circumstances. Some examples we commonly see at Sam Aguiar Injury Lawyers include:
- Vehicle Accidents: The leading cause of wrongful death claims, vehicle accidents involve cars, trucks, motorcycles, pedestrians, and bicycles. These accidents often result from reckless driving, DUI, speeding, or distracted driving. Speak to a car accident attorney in Elizabethtown to learn more.
- Workplace Accidents: Fatalities occurring in the workplace, especially in high-risk industries like construction, manufacturing, and mining, can result in wrongful death claims. These might involve unsafe working conditions, equipment malfunctions, or lack of proper safety protocols.
- Premises Liability: Deaths resulting from hazardous conditions on someone else’s property, such as slip and fall accidents, inadequate security, or swimming pool accidents, may warrant a wrongful death claim.
A wrongful death claim requires a thorough investigation to establish liability and prove that the negligent or intentional actions of the defendant directly led to the victim’s death. Wrongful death claims serve to provide the deceased’s survivors with compensation for their loss, including funeral and burial costs, lost income and benefits, and emotional suffering.
Damages in an Elizabethtown Wrongful Death Claim
Damages in wrongful death claims are intended to compensate the survivors for the loss they have suffered due to the death of their loved one. These damages can be both economic and non-economic in nature. Economic damages include quantifiable losses such as funeral and burial expenses, medical bills related to the deceased’s final illness or injury, loss of the deceased’s expected income, loss of inheritance, and the value of the services that the deceased would have provided. These are calculated based on actual costs incurred and the financial contributions the deceased would likely have made had they lived.
Non-economic damages, while more challenging to quantify, are equally significant. They cover the survivors’ mental anguish, pain, and suffering, loss of consortium (the emotional and physical support provided by the deceased), and loss of companionship and care. Although putting a monetary value on these losses can be complex, they are crucial for acknowledging the full extent of the survivors’ suffering. The objective behind awarding these damages is to provide financial relief to the deceased’s family in recognition of the emotional and psychological impact of their loss.
Who Can Bring an Elizabethtown Wrongful Death Claim Action
In Elizabethtown, the right to bring a wrongful death claim is available to the personal representative of the deceased person’s estate. The damages recovered through the lawsuit are distributed according to KRS 411.130:
411.130 Action for wrongful death — Personal representative to prosecute — Distribution of amount recovered. (1) Whenever the death of a person results from an injury inflicted by the negligence or wrongful act of another, damages may be recovered for the death from the person who caused it, or whose agent or servant caused it… The action shall be prosecuted by the personal representative of the deceased. (2) The amount recovered, less funeral expenses and the cost of administration and costs of recovery including attorney fees, not included in the recovery from the defendant, shall be for the benefit of and go to the kindred of the deceased in the following order: (a) If the deceased leaves a widow or husband, and no children or their descendants, then the whole to the widow or husband. (b) If the deceased leaves a widow and children or a husband and children, then one-half (1/2) to the widow or husband and the other one-half (1/2) to the children of the deceased. (c) If the deceased leaves a child or children, but no widow or husband, then the whole to the child or children. (d) If the deceased leaves no widow, husband or child, then the recovery shall pass to the mother and father of the deceased, one (1) moiety each, if both are living; if the mother is dead and the father is living, the whole thereof shall pass to the father; and if the father is dead and the mother living, the whole thereof shall go to the mother. In the event the deceased was an adopted person, “mother” and “father” shall mean the adoptive parents of the deceased. (e) If the deceased leaves no widow, husband or child, and if both father and mother are dead, then the whole of the recovery shall become a part of the personal estate of the deceased, and after the payment of his debts the remainder, if any, shall pass to his kindred more remote than those above named, according to the law of descent and distribution.
The translation of this statute is that recovery in wrongful death claims follows Kentucky’s laws of intestate succession, which typically prioritize the deceased’s surviving spouse, children, and then other relatives. This representative, often named in the deceased’s will, is responsible for managing the estate’s affairs, including filing wrongful death lawsuits.
Contact Our Elizabethtown Wrongful Death Lawyers Today
When the unimaginable happens, and you’re facing the heartbreak of a wrongful death in the family, you need a compassionate, experienced legal team by your side. At Sam Aguiar Injury Lawyers, we understand the profound impact of your loss and are dedicated to fighting for the justice and compensation your loved one deserves. Our Elizabethtown wrongful death lawyers are ready to guide you through every step of this difficult journey, ensuring your rights are protected and your voice is heard. Contact us today to learn how we can help you find a measure of closure and secure the financial support you need to move forward.