Why Choose Sam Aguiar Injury Lawyers?

At Sam Aguiar Injury Lawyers, we understand that choosing the right personal injury lawyer can be a daunting task. That’s why we want to assure you that our team is dedicated to providing exceptional representation and advocacy for our clients. With years of experience in handling personal injury cases, we have developed a reputation for being one of the top personal injury law firms in Louisville, Kentucky. Our team is committed to fighting tirelessly to secure the compensation you rightfully deserve, and we treat every client like family, providing compassionate support and dedicated attention.

Lexington Wrongful Death Lawyer

The impact of the loss of a loved one is devastating and no amount of money can make what has happened right. However, we also understand that the death of a loved one also comes with a financial reality that deserves justice when that death was wrongly caused by another.

At Sam Aguiar Injury Lawyers, our amazing team of Lexington wrongful death lawyers is committed to providing compassionate and dedicated legal representation for families facing such devastating losses.

With extensive experience in wrongful death claims, we strive to ensure that justice is served, combining our experience with a personalized approach to each case. The goal of our Lexington accident attorneys is to shoulder the legal burden during this difficult time, allowing you to focus on healing while we work tirelessly to secure the compensation and closure your family deserves. During this difficult time, trust us to navigate the complexities of your case determination.

Reach out to Sam Aguiar Injury Lawyers today to discuss how we can support you in seeking justice for your loss.

What is Wrongful Death?

Wrongful death is a legal term that refers to a death caused by someone else’s negligence, recklessness, or intentional actions. It is a type of personal injury claim filed by the surviving family members or loved ones of the deceased. Wrongful death claims can arise from various situations, including car accidents, motorcycle accidents, medical malpractice, product liability, and workplace accidents. These claims seek to provide compensation for the financial and emotional losses suffered by the survivors due to the untimely death of their loved one.

Causes of Wrongful Death

There are many potential causes of wrongful death, including:

Car Accidents: Car accidents are a leading cause of wrongful death in the United States. They can occur due to reckless driving, drunk driving, speeding, or other forms of negligence.
Motorcycle Accidents: Motorcycle accidents can be particularly deadly due to the lack of protection for riders. These accidents often result from driver inattention, road hazards, or vehicle defects.
Medical Malpractice: Medical malpractice occurs when a healthcare provider fails to provide adequate care, resulting in the death of a patient. This can include misdiagnosis, surgical errors, or medication mistakes.
Product Liability: Defective products can cause wrongful death, especially if they are designed or manufactured with flaws that make them dangerous. This includes faulty machinery, unsafe pharmaceuticals, and hazardous consumer goods.
Workplace Accidents: Workplace accidents can occur due to hazardous conditions, equipment failure, or other forms of negligence. Employers have a duty to ensure a safe working environment, and failure to do so can lead to fatal accidents.

Who Can File a Wrongful Death Claim?

In Kentucky, the following individuals can file a wrongful death claim:

Spouses: The surviving spouse of the deceased person can file a wrongful death claim.
Children: The children of the deceased person can file a wrongful death claim.
Parents: The parents of the deceased person can file a wrongful death claim if the deceased person was a minor.
Estates: The estate of the deceased person can file a wrongful death claim on behalf of the deceased’s beneficiaries.

These parties are entitled to seek compensation for the financial and emotional losses they have endured due to the wrongful death of their loved one.

How to Prove Wrongful Death

To prove wrongful death, the plaintiff must establish the following elements:

Duty of Care: The defendant had a duty of care to the deceased person. This means that the defendant was expected to act in a reasonably safe manner to prevent harm.
Breach of Duty: The defendant breached their duty of care, resulting in the death of the deceased person. This breach can occur through negligent actions, reckless behavior, or intentional harm.
Causation: The defendant’s breach of duty directly caused the death of the deceased person. It must be shown that the death would not have occurred if not for the defendant’s actions.
Damages: The plaintiff suffered damages as a result of the defendant’s actions. These damages can include medical expenses, funeral costs, loss of income, and emotional suffering.

The Process of Filing a Wrongful Death Claim

The process of filing a wrongful death claim typically involves the following steps:

Consult with a Personal Injury Lawyer: It is essential to consult with a personal injury lawyer who has experience handling wrongful death claims. At Sam Aguiar Injury Lawyers, our amazing team is dedicated to providing expert legal guidance and support.
Gather Evidence: The lawyer will gather evidence to support the claim, including medical records, police reports, and witness statements. This evidence is crucial in establishing the defendant’s liability.
File a Complaint: The lawyer will file a complaint with the court, outlining the allegations against the defendant. This formal document initiates the legal process.
Discovery: The parties will engage in discovery, exchanging information and evidence. This phase allows both sides to build their cases and prepare for trial.
Trial: If a settlement is not reached, the case will go to trial. The plaintiff will present their case to a jury, seeking a favorable verdict.
Settlement: At any point during the process, the parties may reach a settlement agreement. This can provide compensation to the plaintiff without the need for a trial.

At Sam Aguiar Injury Lawyers, we understand the devastating impact of wrongful death on families and loved ones. Our team of experienced personal injury lawyers is committed to helping clients navigate the complex process of filing a wrongful death claim. With our Bigger Share Guarantee, you can trust that we will fight tirelessly to secure the compensation you deserve. Contact us today to learn more about how we can assist you.

Sam Aguiar Injury Track Record in Lexington Wrongful Death Claims

Sam Aguiar Injury Lawyers has a distinguished track record in securing substantial settlements and verdicts in wrongful death claims. Our firm has successfully handled numerous cases involving severe injuries that resulted in wrongful death. Our success in these cases underscores the emphasis that our firm places on bringing families for those who were killed wrongfully. Our successful claims have included results of:

$12 Million
$5.2 Million
$2.5 Million
$1.8 Million

These results highlight our firm’s success in wrongful death lawsuits and our unwavering commitment to securing the best possible outcomes for the families we represent.

At Sam Aguiar Injury Lawyers, we understand the emotional and financial toll of losing a loved one due to negligence, and we’re dedicated to ensuring that our clients receive compassionate support and comprehensive legal representation. Our amazing team is committed to providing exceptional service and professionalism, ensuring that clients feel supported throughout the legal process.

Our Expertise

Our team of highly skilled personal injury attorneys has expertise in handling a wide range of personal injury cases, including car accidents, motorcycle accidents, wrongful death, and more. We have a proven track record of achieving significant results for our clients, and we are proud of the thousands of rave reviews we’ve received. Our attorneys are skilled negotiators and litigators who will fight to get the best possible outcome for our clients. We are committed to providing world-class customer service and ensuring that our clients receive the compensation they deserve.

How a Lawyer Assists in Lexington Wrongful Death Claims

A Lexington personal injury lawyer from our amazing team will be your fierce advocate in Lexington’s wrongful death claims. If you or a loved one has been injured in an accident, our lawyers will be your fierce advocates in seeking justice. Our lawyers understand that having to suffer through the legal process following the death of a loved one can be one of the most challenging times to face.

Our team will provide our assistance by analyzing the merits of your wrongful death claim, and collecting and analyzing evidence, such as medical records, accident reports, and witness statements, to establish negligence or fault. We will handle the legal intricacies specific to wrongful death statutes in Kentucky, including adherence to the statute of limitations and understanding the distribution of damages among survivors.

Depending on the circumstances of your case, you may be entitled to damages such as medical expenses prior to death, funeral and burial costs, loss of future earnings, loss of companionship, and pain and suffering endured by the deceased and their loved ones. Based on our assessment, we know what will be considered fair and will negotiate for fair and just settlements with insurance companies and opposing counsel.

If a fair settlement cannot be reached through negotiations, we will take your claim to court, including presenting the case before a judge or jury.

Distribution of Damages in a Lexington Wrongful Death Claim

KRS 411.130, outlines the distribution of damages in a Lexington Wrongful Death Claim:

“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.”

What this means is that the specific order for the distribution of amounts recovered from a wrongful death claim (after deducting funeral expenses, the costs of administration, and attorney fees) will depend on the circumstance of the deceased and the deceased’s loved ones:

Widow/Husband, No Children: If the deceased leaves behind a spouse (widow or husband) but no children or their descendants, the entire recovery goes to the surviving spouse.
Widow/Husband and Children: If the deceased is survived by both a spouse and children, half of the recovered amount is allocated to the spouse, and the other half is divided among the deceased’s children.
Only Children: In cases where the deceased leaves behind children but no spouse, the entire amount is distributed to the children.
No Spouse or Children, Parents Surviving: If there is no surviving spouse or children, the recovery is divided between the mother and father of the deceased, equally if both are alive. If only one parent is alive, that parent receives the entire amount. For adopted individuals, “mother” and “father” refer to the adoptive parents.
No Immediate Family: If the deceased leaves behind no spouse, children, or surviving parents, the recovery becomes part of the deceased’s personal estate. After debts are settled, any remainder passes to more distant relatives according to the law of descent and distribution.

Types of Damages in a Lexington Wrongful Death Claim

Damages in a Lexington wrongful death claim are meant to compensate the estate and the deceased’s survivors for their losses. Here’s a breakdown of the types of damages typically included:

Funeral and Burial Expenses: Costs associated with funeral services and burial or cremation are recoverable. These are considered immediate expenses related to the deceased’s passing.
Cost of Administration: Expenses incurred in administering the estate, including probate and legal fees not directly tied to the lawsuit’s recovery efforts, can be claimed.
Medical Expenses: Any medical bills arising from the treatment of the deceased’s final illness or injury leading to death can be recovered. This includes hospital stays, medications, and medical procedures.
Loss of Earnings: Compensation for the loss of income the deceased would have earned had they lived, including future earnings and benefits. This considers the deceased’s earning capacity, age, health, and life expectancy prior to death.
Pain and Suffering of the Deceased: Some claims can include damages for the pain and suffering the deceased experienced between the time of injury and death.
Loss of Consortium: Compensation to the surviving spouse for the loss of companionship, affection, assistance, and sexual relations due to the death of their partner.
Loss of Parental Guidance: Children of the deceased can claim damages for the loss of parental guidance, education, and nurturing they would have received if not for the premature death.

It is crucial not to sign any documents from insurance companies without consulting your lawyer to ensure your rights are protected.

Real Clients, Real Success

At Sam Aguiar Injury Lawyers, we are proud of the success we’ve achieved for our clients. We have a history of securing significant settlements and verdicts for our clients, and we are committed to continuing to deliver exceptional results. Our team is dedicated to providing personalized attention and care to each client, and we are proud of the trust that our clients have placed in us. We believe that everyone deserves high-quality legal representation, regardless of their ability to pay, which is why we offer our Bigger Share Guarantee. With our guarantee, you can be assured that you will always receive a bigger portion of the recovery than our law firm.

Contact Our Lexington Wrongful Death Lawyer Today

If you’re facing the painful aftermath of losing a loved one due to someone else’s negligence in Lexington, reaching out to Sam Aguiar Injury Lawyers can be a crucial step toward finding justice and closure. Our experienced wrongful death lawyers are dedicated to supporting the families of those who wrongfully suffered from fatal accidents. We are committed to securing the compensation you deserve for funeral expenses, lost earnings, and the emotional suffering you’ve endured. Let us handle the complexities of your case, providing you the space to grieve and heal.

Contact Sam Aguiar Injury Lawyers today to learn how our Lexington wrongful death lawyers can advocate for your loved one’s rights and help you through this challenging time.

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Lexington Wrongful Death Lawyer

Why Choose Sam Aguiar Injury Lawyers?