Trying to figure out what to do after an accident has left a loved one deceased can be stressful and confusing. The family members are grieving and the concern about their financial future only adds to the problem. In Kentucky, a wrongful death is the death of a person that resulted from an injury that was inflicted by the negligence or wrongful act of another. If someone commits wrongful behavior that causes the unintentional death from negligence, recklessness or assault, a personal representative of the estate should contact a Wrongful Death Attorney immediately. If no personal representative is appointed in a will, the court will.
Damages in a wrongful death case can compensate the estate and surviving family members for the loss of their loved one. Damages that awarded can be distributed to the estate for funeral and burial expenses. It can also cover the costs of pursuing a wrongful death claim. Surviving family members will receive the remainder of a settlement. The purpose of the settlement is to compensate them for the love, care, companionship, support, and guidance that was lost due to their loved one’s death. Punitive damages cannot be awarded if an intentional act was committed.
A wrongful death lawsuit must be filed within one-year of the date of the deceased individual’s death. This time limit is called the statute of limitations. If someone attempts to file a lawsuit after the one year limit has expired, a defendant will ask the court to dismiss it, and the court will usually approve their request. A Wrongful Death Attorney will not let a personal representative miss the deadline. The attorney will immediately begin building a case, while attempting to negotiate with an insurance company to settle the case. Many wrongful death claims settle before they reach court, but if the settlement isn’t enough, the attorney will be prepared for a trial.
Losing a loved one is difficult enough and when they’re unable to support their family any longer, it can create even more strain on the surviving family members. This doesn’t have to happen to you or your family. Visit website and find out how their knowledge and experience can obtain fair compensation for the loss you’ve endured. You can also follow on Twitter.
