Meet Sam Aguiar – Your Louisville Wrongful Death Lawyer
Importance Of An Experienced Lawyer
Few things in life are more painful than unexpectedly experiencing a loved one’s death or losing a family member. And if your loved one’s death is caused by the misconduct of another person or party, you may be wondering where you can turn for help. At Sam Aguiar Injury Lawyers, we have your back and are here to help guide you and your wrongful death case during this impossibly difficult time.
At our law office, our aggressive Louisville personal injury attorneys specialize in supporting families during their most challenging moments, and we are ready to help you and your loved ones, too. Family tragedies require time to heal, but bills and other monetary concerns related to your loved one’s death can’t wait and can leave your family facing financial uncertainty.
Our track record includes $12 million received in a wrongful death case and $5.2 million awarded in a separate wrongful death claim. We get you justice through compensation for your loss and hold the at-fault party accountable for your loved one’s passing. Contact us today for a case evaluation on a contingency fee basis and to speak with a wrongful death attorney from our law firm about your case. Consulting with law firms with experience and a proven track record in wrongful death cases can provide the guidance needed to navigate the complexities of your claim.
What Are Wrongful Death Lawsuits?
In Kentucky, a wrongful death lawsuit refers to any death that is caused by the negligence of another person or party, such as a hospital or business. This type of claim is filed on behalf of the deceased person to seek justice and compensation. Wrongful death claims are a legal action that the deceased person’s surviving family members can file to seek compensation for the loss of their loved one and hold the negligent party responsible in civil court.
Elements Of a Wrongful Death Claim
A wrongful death lawsuit can be filed when the negligence or misconduct of another person or entity causes someone’s death. To succeed in this type of claim, you must prove that the defendant was at fault through negligence or an intention to cause harm. A wrongful death lawsuit follows a similar legal framework as a personal injury claim, requiring proof of negligence and a thorough understanding of the claims process. Establishing negligence involves establishing four key elements:
Duty of Care
The first element involves establishing that the defendant owed a duty of care to the deceased. This means proving that the defendant was in a position where they were expected to act in a certain way to avoid causing harm.
Breach of Duty
Next, it must be demonstrated that the defendant breached this duty of care through negligence or wrongful actions. This breach could be anything from a driver not paying attention to the road to a doctor failing to diagnose a treatable condition correctly.
Causation
For a wrongful death claim to be successful, there must be a direct link between the defendant’s breach of duty and the death of the loved one. This causation must show that the death would not have occurred without the defendant’s negligence.
Damages
Finally, the claim must prove that damages resulted from the death. This includes not just the immediate costs like funeral expenses and medical bills, but also the loss of income, companionship, and support the deceased would have provided.
Hiring an experienced wrongful death attorney is crucial, as they can help gather the necessary evidence to prove these elements and construct a strong case on your behalf.
Common Causes of Wrongful Death Cases
Various circumstances can result in wrongful death, with the most frequent being the following types of accidents:
A wrongful death suit can be filed by surviving family members when someone dies due to negligent or wrongful behavior.
Car Accidents: Motor vehicle accidents are one of the greatest risks to individuals worldwide. So, it is not uncommon that countless wrongful death claims stem from car accident cases across the country.
Bicycle Accidents: While bicycle trips account for only 1% of all trips in the U.S., the number of bicyclists who die in collisions with other vehicles each year is more than that of motor vehicle crash victims.
Dangerous Drugs: Medical drugs are intended to aid, not harm, patients. However, some drugs can have devastating health effects and result in death for patients when they are negligently prescribed, manufactured, or designed.
Defective Medical Devices: Numerous Americans lose their lives because the medical devices physicians use to improve their health and well-being are defective. If your loved one died because of a faulty medical device, you may file a wrongful death lawsuit on their behalf.
Defective Consumer Products: Defective household products and auto parts flood the market annually. Sometimes, the manufacturer isn’t aware of the defect due to a lack of appropriate safety testing, and it doesn’t become known until it causes several injuries and deaths. Other times, manufacturers are aware but fail to warn consumers about the potential risks of using their product.
Motorcycle Accidents: Motorcycle accidents account for many road accident deaths. According to NHTSA, there were 6,143 motorcyclists killed in motor vehicle traffic crashes in 2021. Speak to a motorcycle accident lawyer in Louisville to learn more.
Pedestrian Accidents: Pedestrians are extremely vulnerable on the streets, and accidents are more common than you think. According to the Kentucky Traffic Collision Facts 2021 Report, there were 734 fatal crashes, 20,117 nonfatal crashes, and 88,440 property damage-only crashes in Kentucky during that year.Specifically, 75 pedestrians were killed and 674 were injured in traffic collisions in 2021.
Premises Liability Accidents: Unsafe conditions on private property, both residential and commercial, account for numerous yearly injuries and fatalities. The most common premises liability accidents include drowning and slip and fall accidents, which can easily result in fatal head trauma and other injuries that may become fatal, such as broken hips.
Truck Accidents: Semi-trucks are capable of causing devastating accidents, which result in the deaths of hundreds of Americans every year. Speak to a Louisville truck accident attorney today.
Work-Related Accidents: If your loved one passed away due to a workplace accident, you may be entitled to pursue a wrongful death lawsuit against the employer and any other parties that might have played a role in their death.
If your loved one’s death resulted from someone else’s negligence, a wrongful death attorney in Louisville can help you hold the at-fault party accountable and get the maximum compensation possible.
Who Can File a Wrongful Death Claim?
In Kentucky, a representative of the deceased’s estate can file a wrongful death claim on behalf of the deceased’s surviving family members. The wrongful death statute in Kentucky outlines the specific rights and procedures for filing such claims, including who is eligible to bring a lawsuit and the types of damages that can be recovered. While a personal representative files the actual claim, damages are awarded to the estate itself and the deceased’s family.
How to File a Wrongful Death Lawsuit
Filing a wrongful death lawsuit involves several critical steps, each requiring careful attention to detail. Here’s a general outline of the process:
Determine if You Have a Valid Claim: The first step is to consult with a wrongful death lawyer to assess the validity of your claim. They will help you understand if you are eligible to file a lawsuit based on the circumstances of the death.
Gather Evidence: Collect all relevant evidence to support your claim. This includes medical records, police reports, witness statements, and other documentation that can establish negligence or misconduct.
Identify the Responsible Parties: Determine who is legally responsible for the death. This could be an individual, a company, or multiple parties. Identifying all potential defendants is crucial for a comprehensive lawsuit.
File a Complaint: Your lawyer will file a formal complaint with the court, outlining the facts of the case, the legal basis for the claim, and the damages sought.
Serve the Defendants: The defendants must be formally notified of the lawsuit. This involves serving them with the complaint and summons, which informs them of the legal action and their obligation to respond.
Engage in Discovery: Both parties will engage in the discovery process, exchanging information and evidence relevant to the case. This phase is critical for building a strong case.
Negotiate a Settlement: Often, parties will attempt to negotiate a settlement to avoid the time and expense of a trial. Your lawyer will work to secure a fair settlement that compensates for your loss.
Go to Trial: If a settlement cannot be reached, the case will proceed to trial. Your lawyer will present your case to a judge or jury, who will then determine the outcome.
Navigating a wrongful death lawsuit can be complex and emotionally taxing. An experienced wrongful death attorney can guide you through each step, ensuring your rights are protected and helping you seek the justice and compensation you deserve.
What Does A Wrongful Death Damages Settlement Include?
Damages can be recovered for:
Medical expenses for your loved one’s treatment before their death
Funeral expenses and burial expenses
Punitive damages in cases of gross negligence by the at-fault party
Loss of household income as a result of your loved one’s death
Pain and suffering experienced by your loved one before death
Loss of companionship, care, and guidance provided by your loved one
A wrongful death law firm can help survivors assess their losses and calculate damages in wrongful death claims, significantly improving the chances of obtaining fair compensation.
What Are Punitive Damages In A Wrongful Death Case?
In a wrongful death case, punitive damages are awarded to the plaintiff, specifically for their losses. These damages are intended not as restitution but as punishment for the defendant whose actions caused the death.
In Kentucky, punitive damages must be awarded if the defendant’s wrongful act was intentional or caused by gross negligence, demonstrating a blatant disregard for the safety and well-being of others.
Punitive damages may be recovered if the act was willful or gross negligence. The action shall be prosecuted by the personal representative of the deceased.
While some states cap the amount of punitive damages that can be awarded, Kentucky has no statutory upper limit. However, obtaining punitive damages is not very common in the state.
Who Can Get Benefits From A Wrongful Death Accident Cases?
Kentucky outlines how family members divide damages in the following order:
Full damages will be awarded to the spouse if there are no children, but a surviving spouse.
If there are children and a surviving spouse, the damages are split between the spouse and the children.
Full damages will be awarded to the children if there are children but no spouse.
The deceased’s parents will receive the damages if no children or spouse exists.
If no children, spouses, or parents are absent, the deceased’s estate will receive the damages. This money will pay off any debts and benefit anyone in the deceased’s will.
Will My Case Go To Court?
Whether a wrongful death case will go to court hinges on multiple factors and does not have a one-size-fits-all answer. Various aspects of the case play crucial roles in determining the path forward. Some of the most common factors that need to be considered when answering this question include the following:
Complexity of the Case
Cases with complex legal issues or disputed facts are more likely to proceed to trial. When parties cannot agree on who is at fault or the extent of the damages, a court proceeding becomes necessary. Trials allow a judge or jury to evaluate the evidence, determine liability, and assess the appropriate compensation.
A wrongful death lawsuit differs from other legal cases, underscoring the serious nature of the allegations involved. The process of filing such a lawsuit varies by jurisdiction, with specific requirements and limitations that may affect a family member’s ability to pursue a claim.
Evidence and Liability
The strength and clarity of evidence regarding liability and damages can influence whether a case goes to court. Strong, undisputed evidence supporting the claim reduces the likelihood of a trial, as it increases the pressure on the defendant to settle. Conversely, if there is considerable dispute about the evidence or its interpretation, a court proceeding may be unavoidable to resolve these issues.
Skill of Your Attorney
Your attorney’s expertise and negotiation skills significantly impact your case’s trajectory. A seasoned lawyer with a strong track record in similar cases can often secure a favorable settlement outside court. They know how to effectively leverage the available evidence and legal precedents, potentially avoiding a trial’s unpredictability.
An attorney’s reputation for winning in court can also act as a deterrent against prolonged legal battles, encouraging the opposing party to offer a reasonable settlement early in the process.
Emotional Factors
The emotional state of the parties involved can profoundly affect the decision-making process in wrongful death cases. Litigation’s stress and emotional toll can lead individuals to seek a quicker resolution through settlement, even if patience might yield a more favorable outcome in court. Similarly, a desire for closure and the emotional burden of reliving the incident during a trial can heavily influence the decision to avoid court proceedings.
Whether a wrongful death case goes to court depends on a combination of factors. An experienced wrongful death lawyer can guide you through this process, helping you weigh the benefits of settling against the risks and costs of a trial.
How Long Will My Wrongful Death Case Take?
Determining the exact duration of a wrongful death case is challenging due to the unique nature of each situation. Generally, such cases can range from a few months to several years, mainly depending on the case’s complexity, the amount of evidence, the willingness of parties to settle, and the court’s schedule.
Cases resolved out of court through settlements may conclude more quickly, often within a few months to a year. In contrast, wrongful death cases that proceed to trial may extend for several years, especially if there are appeals. An experienced wrongful death attorney can offer a more precise estimate based on the specifics of your case and work diligently to expedite the process while striving for a fair resolution.
What to Expect from a Wrongful Death Lawsuit
A wrongful death lawsuit can be a lengthy and emotional journey. Here’s what you can expect throughout the process:
Thorough Investigation: The court will comprehensively investigate the circumstances surrounding the death. This may involve reviewing medical records, accident reports, and other relevant documents.
Depositions: Witnesses and experts may be deposed to gather more information. Depositions are sworn statements outside of court that provide valuable insights into the case.
Discovery: During the discovery phase, both parties exchange information and evidence. This process helps build a strong case by uncovering all relevant facts.
Settlement Negotiations: The parties may negotiate a settlement to resolve the case without going to trial. A fair settlement can provide timely compensation and avoid the uncertainties of a trial.
Trial: If a settlement cannot be reached, the case will go to trial. During the trial, both sides will present their evidence and arguments to a judge or jury.
Verdict: The judge or jury will determine the case’s outcome. If the verdict is in your favor, the court will award damages based on the evidence presented. Having a skilled wrongful death lawyer by your side can make a significant difference throughout this process. They will advocate for your rights, handle the legal complexities, and provide the support you need during this challenging time.
Statute Of Limitations In A Wrongful Death Case
Understanding the statute of limitations for a wrongful death case in Kentucky is crucial for those seeking justice. Personal injury claims, including wrongful death lawsuits, have unique challenges and specific deadlines that must be adhered to.
Given these circumstances, contacting a wrongful death lawyer as soon as possible is critical to ensure your case is filed within the appropriate time frame.
What Is the Average Settlement for a Wrongful Death Claim?
The average settlement for a wrongful death claim can vary widely based on several factors. Here are some key considerations that can influence the settlement amount:
The Age and Health of the Deceased: Younger individuals or those in good health may receive higher settlements due to their longer expected lifespans and potential future earnings.
The Deceased’s Earning Potential: The income and financial contributions of the deceased play a significant role in determining the settlement. Higher earning potential often leads to larger settlements.
The Extent of the Damages: The severity of the emotional and financial impact on the surviving family members is considered. This includes loss of companionship, support, and guidance.
The Strength of the Evidence: Strong, compelling evidence that establishes negligence or misconduct can lead to higher settlements.
The Willingness of the Parties to Settle: The readiness of both parties to negotiate and reach a settlement can affect the final amount. Prolonged negotiations or a trial can influence the settlement figure.
In general, wrongful death settlements can range from tens of thousands to millions of dollars. Each case is unique, and an experienced wrongful death attorney can provide a more accurate estimate based on the specifics of your situation.
Do You Have to Pay Taxes on a Wrongful Death Settlement?
In most cases, wrongful death settlements are not taxable. However, there are some exceptions to be aware of:
Compensatory Damages: The portion of the settlement awarded for compensatory damages, such as medical expenses, funeral costs, and loss of income, is generally not taxable.
Punitive Damages: If the settlement includes punitive damages, those amounts may be subject to taxation. Punitive damages are intended to punish the defendant for particularly egregious conduct and are treated differently for tax purposes.
It’s essential to consult with a tax professional to understand the specific tax implications of your wrongful death settlement. They can provide guidance on how to handle the settlement funds and ensure compliance with tax laws.
Understanding these aspects, you can better navigate the financial and legal complexities following a wrongful death settlement.
Why It’s Important to Hire an Experienced Wrongful Death Lawyer
You can’t put a price on the life of a loved one, but if someone else caused their death through recklessness or negligence, you deserve justice. An experienced lawyer can build a strong case to show the suffering your loved one endured leading up to their death. They will also show how the loss affected your family.
Hiring an experienced wrongful death attorney from Sam Aguiar Injury Lawyers can help you negotiate with insurance companies, get a fair settlement, and avoid a prolonged trial. Should the case go to trial, you can depend on our team to fight for the maximum compensation possible on behalf of your family.
Contact A Louisville Wrongful Death Lawyer
If a person or business caused your loved one’s death, our wrongful death lawyers in Louisville have the knowledge and experience to help protect your family’s rights in a wrongful death claim.
Contact Sam Aguiar Injury Lawyers 24 hours a day, 7 days a week—call our firm at any time or fill out a free case consultation form to get started. There’s no obligation to get a free initial consultation, and our Bigger Share Guarantee® is simple: after everything’s all taken care of when the case settles, our client always gets more than us from their settlement. Period.
