A wrongful death case exists when a person dies as a result of the negligence or recklessness of another person or entity. In such cases, the law provides for the ability of their family members to file a lawsuit on the decedent’s behalf. Wrongful death cases can arise in Kentucky in any number of circumstances, including death from an automobile accident, tractor-trailer crash, medical malpractice, or a defective product.
In Kentucky, wrongful death actions are controlled by state statute (KRS 411.130). In order to pursue a wrongful death action, an estate must first be opened and a representative of the estate appointed. Generally, an estate is opened in the district court where the loved one resided. Pursuant to KRS 411.130, Kentucky law only allows certain family members to recover for the wrongful death of a loved one.
Those family members can recover medical bills, funeral bills, loss of earning capacity, and the pain and suffering endured by the decedent. There are other potential damages that may be recovered in a wrongful death action, and you should consult with an attorney if your loved one has died as the result of another’s negligence. If a loved one has passed away due to the negligence of another person or entity, know that you are not alone. Zach Berry understands that no amount of money can bring your loved one back. However, monetary compensation will allow the family members to continue life with less financial worries, as well as achieve justice against the party responsible for the wrongful death. Contact Zach Berry for a free consultation.
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