Lexington, KY Wrongful Death Lawyer
Helping Families of Accident Victims
When a car, truck or motorcycle accident results in a fatality, the loss can be extremely difficult to deal with for the surviving family members. It can be difficult to understand why such a tragedy occurred when it could have been prevented if the other driver had only exercised more caution or paid better attention to the road and the task of driving.
Lexington, KY wrongful death lawyer Todd W. Burris understands your desire for justice and accountability. At the Law Office of Todd Burris, we understand the challenges you may face in dealing with medical bills and funeral expenses, the loss of income or support, and the emotional pain that comes with the sudden loss of a loved one. We’re committed to using all of our skills and abilities to find justice in your situation and help you get the compensation you need and deserve to cope with the loss. We are by your side during this difficult time.
Kentucky Wrongful Death Law
When a person is killed because of the negligence or misconduct of another, Kentucky wrongful death law allows the personal representative of the deceased to bring a wrongful death action against the person who caused the death. Damages available in a wrongful death action typically include compensation for:
- Funeral and burial expenses
- Loss of companionship
- Loss of support
- Loss of household services
- Loss of guidance
In addition, punitive damages may be awarded if the death was caused by a willful act or gross negligence. Punitive damages are extra amounts designed to punish the person for particularly bad behavior and serve as an example to society of the kind of behavior which will not be tolerated.
Under Kentucky law, funeral and burial expenses, as well as the costs for maintaining the wrongful death action, including attorney’s fees, are paid to the estate. The remaining compensation from an insurance settlement or jury verdict is distributed to the family of the deceased in the following manner:
- One-half to the surviving spouse and one-half to the children
- To the surviving spouse alone, if there are no children or other descendants living
- To the children alone, if there is no surviving spouse
- To the parents of the deceased, if there is no surviving spouse and no children
- If the deceased did not leave any surviving spouse, children, or parents, the recovery becomes part of the estate and is distributed in accordance with the decedent’s will or the laws of intestate succession if the person died without a will
Knowing if You Have a Possible Wrongful Death Claim
In order to file a wrongful death claim in Kentucky, these three premises need to be established:
- That the death of the loved one results in a monetary loss for the survivors
- That someone was at fault for the accident
- That the lawsuit was filed by someone legally entitled to receive compensation on behalf of the deceased (children, legal beneficiaries, and spouses are all legally entitled)
If you’re asking yourself whether you can file a wrongful death lawsuit on behalf of a loved one, simply ask yourself these three questions:
- Is there someone directly at fault for the loss of my loved one?
- Is there a chance that this person or company will continue to do the same thing, allowing them to potentially harm others?
- Is my financial situation significantly impacted by my loss?
If you can answer “Yes” to all three questions, you should consider seeking the aid of a wrongful death or personal injury lawyer. You have a legal right to seek compensation on behalf of your loved one, thereby hopefully putting an end to the wrongful acts or behaviors that led to the unfortunate loss.
Help When You Need It
It may be difficult to focus on dealing with an insurance company when you are grieving and your life has been turned upside down, but you need help with your expenses, and it is only fair that the responsible party be made to pay instead of you. Let us help you through this difficult time by taking on the task of getting you the compensation you need, so you can focus on the task of putting your life and family back together and looking toward the future.
Call Todd W. Burris, Lexington, KY wrongful death lawyer, at (859) 252-2222, or contact our offices online for a free consultation.