Losing a loved one unexpectedly can be painful, to say the least. When someone else’s negligence causes your loved one’s death, you may not only struggle with the emotional reactions but also the financial instability associated with their loss. And while no amount of money can adequately compensate for the loss of a loved one, it can help restore your stability and get you back on your feet.
Sam Aguiar Injury Lawyers can help you get fair compensation for your loss. Our Louisville wrongful death attorneys have experience assisting families navigate some of the most challenging times and will work hard to hold the at-fault party accountable for your loved one’s passing. Contact Sam Aguiar Injury Lawyers today to speak with us about your case.
What Is Wrongful Death?
In Kentucky, a wrongful death refers to any death another person’s negligence causes. A wrongful death claim can arise from medical malpractice, a car accident, slip and fall injuries, and other scenarios that cause fatal injuries. No matter what the cause of the death, the surviving family members have the right to seek compensation through the civil court system.
Common Causes of Wrongful Death
There are several situations that can lead to someone else’s death, the most common of which are:
- Bicycle accidents: While bicycle trips account for only 1% of all trips in the U.S., bicycle accidents account for more than 2% of people who die in a crash that involves a motor vehicle. In Louisville, there’s an average of 155 bicyclist-motorist accidents annually, out of which 16 result in fatalities.
- Birth injuries: Birth injuries such as bone fractures, shoulder dystocia, and spinal cord injuries can lead to maternal death and the death of the fetus. According to the CDC, approximately 700 women die annually in the U.S. due to birth injuries.
- Dangerous drugs: In a perfect world, medical drugs should help rather than hurt patients. Various illnesses, including cancer, heart failure, kidney damage, and amputation, are associated with dangerous drugs. These drugs can also lead to fatalities.
- Daycare incidents: Parents depend on daycare centers to take good care of their children, but that’s not always the case. Several children lose their lives due to daycare abuse and neglect.
- Defective medical devices: Numerous Americans lose their lives because the medical devices physicians use to improve their health and well-being are faulty. If your loved one died because of a faulty medical device, you may file a wrongful death lawsuit on their behalf.
- Defective products: Defective drugs, household products, and auto parts flood the market annually. Sometimes the manufacturer isn’t aware of the defect, and it doesn’t become known until it causes several injuries and deaths.
- Medical malpractice: We trust doctors to help get us well. Unfortunately, many doctors are guilty of negligence, including misdiagnosis, delayed diagnosis, incorrect treatment, and surgical errors. It’s estimated that more than 250,000 deaths occur annually due to medical errors.
- Motorcycle accidents: Motorcycle accidents account for many road accident deaths. According to NHTSA (the National Highway Traffic Safety Administration), there were around 5579 motorcycle deaths in the U.S. in 2020.
- Pedestrian accidents: Pedestrians are extremely vulnerable on the streets, and accidents involving them are more common than you think. In 2017, pedestrian accidents claimed 5977 lives in the U.S.
- Premises liability accidents: Unsafe premises account for numerous injuries and fatalities every year. The most common premises liability accidents result from drowning and slip and fall accidents.
- Truck accidents: Trucks are capable of causing devastating accidents resulting in the deaths of thousands of Americans every year.
- Work-related accidents: If your loved one was killed in a workplace accident, you might have the right to file a wrongful death lawsuit against the employer and other parties that may have contributed to their demise.
If your loved one’s death resulted from any of the above accidents, a wrongful death attorney in Louisville could help you hold the at-fault party accountable and get the maximum compensation possible.
Who Can File a Wrongful Death Claim in Louisville
In Louisville, Kentucky, the probate court will appoint an individual to be a personal representative of the deceased person’s estate. That person is in charge of filing any wrongful death claims against negligent parties on behalf of the estate.
When the estate is compensated, the compensation goes to the estate as well as specific family members, including:
- The deceased’s spouse.
- The deceased’s children.
- The deceased’s parents’
- Persons named in the deceased’s will.
Specifically, the compensation for wrongful death goes to the deceased’s spouse. If there’s no spouse, the compensation gets divided among the deceased’s children. If there’s no spouse or children, it’s given to the deceased’s parents. If the deceased doesn’t have a spouse, children, or parents, the money goes to the estate and is divided among the deceased’s named legal heirs.
Types of Compensation Available in a Wrongful Death Case in Louisville
Kentucky law allows the deceased’s family to recover compensation for various damages, including:
- Medical expenses for your loved one’s treatment before their death.
- Expenses for the funeral and burial.
- Punitive damages in case of gross negligence.
- Loss of income as a result of your loved one’s death.
- Pain and suffering experienced by your loved one before death.
- Loss of consortium for things such as love, affection, companionship, and sexual relations with your spouse or partner.
Why It’s Important to Hire an Experienced Wrongful Death Lawyer
You can’t put a price on the life of your loved one, but if someone else caused their death, you deserve justice. An experienced lawyer will 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.
By hiring experienced wrongful death attorneys, Louisville residents will receive help negotiating with insurance companies, getting a fair settlement, and assistance in avoiding a prolonged trial. But should the case go to trial, residents can depend on their attorneys to get the maximum compensation possible.
It’s Important to Hire an Experienced Wrongful Death Lawyer. Call Sam Aguiar.
At Sam Aguiar Injury Lawyers, we have witnessed the pain families go through due to the loss of their loved ones as a result of someone else’s negligence, and we want to help anyone going through such pain. We are invested in fighting aggressively to see you vindicated and compensated for your pain. Contact Sam Aguiar Injury Lawyers 24/7, by filling out a free online form to get started.