If you have lost a loved one due to someone else’s negligence, contact Dettman Law to discuss your wrongful death lawsuit.
A wrongful death case in Kentucky occurs when someone is killed through the negligence of another person. For example, if a drunk driver kills somebody that is a wrongful death. If a doctor commits malpractice resulting in death it is considered wrongful. The technical definition is contained in Kentucky Revised Statute 411.130. It reads, “Whenever the death of a person results from an injury inflicted by the negligent or wrongful act of another, damages may be recovered for the death of the person who caused it, or whose agent or servant caused it.” If the act was willful or the negligence was gross, punitive damages may be recoverable. The action shall be prosecuted by the personal representative of the deceased. Wrongful death and personal injury cases are handled by injury lawyers.
Untangling the Complexity: Wrongful Death Accident Injury Cases in Kentucky An Overview of Wrongful Death Accident Injury Cases
Wrongful death is a legal term that refers to a case where a person is killed due to the negligence or misconduct of another. These cases are essentially personal injury cases that ended tragically with the loss of life, turning them into wrongful death claims.
Common Types of Wrongful Death Accident Injury Cases
- Automobile Accidents: This category covers car, truck, motorcycle, and pedestrian accidents where a party’s negligence resulted in death.
- Medical Malpractice: If a medical professional’s negligence results in a patient’s death, a wrongful death claim may be pursued.
- Workplace Accidents: Fatal accidents can occur in high-risk occupations, such as construction, trucking, and factory work.
- Premises Liability: If a fatal accident occurs on someone else’s property due to the owner’s negligence, it may give rise to a wrongful death claim.
- Product Liability: If a person dies as a result of using a defective or dangerous product, the manufacturer may be held responsible.
Kentucky Law and Wrongful Death Cases
Kentucky law allows certain family members to file a wrongful death lawsuit. This typically includes the deceased person’s spouse, children, or parents, depending on who is surviving at the time of the decedent’s death.
Kentucky Revised Statutes section 411.130 provides that in a wrongful death lawsuit, the damages awarded will go to the deceased person’s family members, and may include compensation for loss of companionship, sorrow and mental anguish, and the loss of income and services that the deceased would have provided.
It’s important to note that there’s a time limit for filing a wrongful death lawsuit in Kentucky. This deadline, known as the statute of limitations, is generally one year from the date of death.
Resources for More Information
- Kentucky Legislature – Kentucky Revised Statutes: The official Kentucky legislature website, where you can look up relevant wrongful death statutes. Link
- Kentucky Court of Justice: The official website of Kentucky’s Judicial branch provides access to court records and has resources for understanding the legal process. Link
- National Highway Traffic Safety Administration (NHTSA): For statistics on fatal traffic accidents. Link
- U.S. Consumer Product Safety Commission (CPSC): For information on product recalls and safety. Link
Navigating a wrongful death claim can be a complicated process. Securing the services of an experienced personal injury attorney can be instrumental in navigating the complex legal landscape and ensuring that the family receives the compensation they are entitled to.
Note: This article is intended for informational purposes only and does not constitute legal advice.