Wrongful death law applies when the defendant’s actions have resulted in the death of the victim, leaving behind surviving family members and dependents whose lives will suffer because of the victim’s absence. The purpose of these laws is to compensate the survivors, not the deceased victim.
Early American courts did not acknowledge wrongful death law. Instead, they followed a rule that said when the victim died the right to bring a case died with them. Lawmakers have come to realize the injustice of this rule and wrongdoers can no longer escape liability simply because their actions were severe enough to cause death of the victim. All fifty states now have some form of wrongful death law.
Persons, companies, and government agencies can be legally at fault for acting both negligently and intentionally in these cases. The court will appoint a personal representative for the deceased person’s estate and that representative may then file a wrongful death claim. In Kentucky, a wrongful death claim must be filed within one year of the date on which the victim died.
There is no way to know the exact number of wrongful death lawsuits in Kentucky as that is information that is not readily available. But they are more common than many people believe. And there are countless victims that do not file a case, thinking that it will mean that they are greedy or unable to move on.
Heartbreaking stories of car accidents, workplace accidents, and medical malpractice happen in Kentucky every year. Wrongful death lawsuits send a message to the guilty party that they need to change their ways and hopefully avoid repeating the same mistake in the future. Their careless or malicious behavior caused an innocent life to end and for that they need to be held responsible.
Wrongful death law is meant to be a benefit to surviving victims. Funeral expenses, hospital bills, and lost wages are a costly burden they should not have to bear. Todd W. Burris, Lexington, KY wrongful death lawyer, is dedicated to helping the people of Kentucky who have unlawfully lost someone they love. If you would like to have a free zero-obligation consultation of your wrongful death claim, contact the team at the Law Office of Todd W. Burris for more information today.