Frankfort Wrongful Death Lawyer
Many different things can cause accidents that harm other people. However, when negligence is the cause of an accident that results in someone else’s death, then a Frankfort wrongful death lawyer could help hold the negligent party accountable for their actions. With the help of the Law Office of Todd W. Burris in Kentucky, you’ll be able to recover compensation for the wrongful death of a loved one and get the justice that you deserve.
How Is Wrongful Death Defined in Kentucky?
It’s important to understand exactly what constitutes as a wrongful death in the state of Kentucky so that you can have the strongest case possible. According to Kentucky Statute section 411.130, the legal definition of wrongful death in our state is a person dying from another person or party’s wrongful action. The actions could be reckless, negligent, or wrongful in nature.
Let’s take a look at what this statute outlines as wrongful death and the legal action that can be taken when you believe someone else’s negligence killed your loved one:
- The damages recovered in a wrongful death come from the person or entity who caused the death.
- Punitive damages can also be sought if there was gross negligence involved.
- Damages can be sought by the deceased’s wife, husband, children, mother, or father.
- Damages that are recovered must first be used to cover funeral expenses, attorney fees, and any medical bills that the deceased incurred directly before their death.
- After those expenses, the remaining damages recovered go to the deceased’s loved ones who can recover damages. If no family remains who can recover damages, then the recovered damages go toward the deceased’s estate and will be distributed accordingly.
Filing a wrongful death claim can be confusing and difficult to process, especially while you’re grieving the loss of your loved one. With the help of a Frankfort wrongful death lawyer, the legal process can become much easier as they will guide you through your claim and ensure that your rights are protected. Our attorneys will handle the legal side of things while you focus on grieving and making arrangements for your deceased loved one.
What Can You Recover in a Wrongful Death?
When your loved one has passed from someone else’s negligence, it’s likely you want to hold that party accountable for the actions that killed them. Once you’ve proven that they were responsible for your loved one’s wrongful death, you can recover damages to offset the costs that your loved one and you have incurred from their injuries and passing. Depending on the situation and what happened leading up to and after their death, you could recover economic, noneconomic, and punitive damages.
Economic damages are the concrete damages that you can calculate from costs that you or the deceased incurred from the accident and their death. For example, some of the economic damages that you could recover are medical bills, funeral expenses, any wages they may have missed preceding their death, and loss of income projected if they were a main provider for their family.
Noneconomic damages are a little more complicated, as they are calculated from more abstract costs that you or your deceased loved one incurred from the accident. Some of the noneconomic damages that you can recover for a wrongful death are pain and suffering, loss of consortium, and loss of companionship.
Finally, you might be able to recover punitive damages if there was gross negligence involved in your loved one’s death. Gross negligence is defined as an action that has reckless disregard for the safety or lives of others, and is more than just an accident. The disregard for the safety of others must be a conscious violation to other people’s right to safety. In a wrongful death claim, you might be able to prove this if the responsible party’s action was grossly negligent or reckless that caused your loved one’s death.
The best way to know which damages apply to your claim is to hire a Frankfort wrongful death lawyer from the Law Office of Todd W. Burris. With our help, you’ll have peace of mind knowing that your legal representation is experienced and knows how to fight for your rights.
Hire an Attorney from the Law Office of Todd W. Burris
Losing your loved one is difficult to go through. But losing your loved one to someone else’s negligent actions can be even more difficult because their death could have been prevented. That’s why our experienced Frankfort wrongful death lawyer is here to represent you in your claim against the party who killed your loved one.
You shouldn’t have to go through this alone. We’re here to take care of the legal side of things so that you can focus on all of the arrangements you need to make and grieving the loss of your loved one. Reach out to our office today so we can get started working for you right away.