Wrongful Death Accidents in Bowling Green, Kentucky

What Causes a Wrongful Death Accident?

Fatal accidents occur all the time. However, what makes an incident considered “wrongful death” is when another person’s intentional actions or negligence was the cause or led to a fatality. What falls into the category of wrongful death? In Kentucky, common examples include:

• Car accidents caused by drunk driving, speeding, or operating a vehicle while distracted that causes one or more deaths;
• Workplace incidents like accidents on construction sites, faulty equipment, or inadequate safety measures that cause a person to die;
• Medical malpractice caused by misdiagnoses, surgical errors, or medication mistakes that can cause another person to die; and
• Defective products like unsafe goods, faulty machinery, or vehicle defects that cause a fatal accident.

Each of the scenarios above highlights preventable actions. If you and your family have suffered the loss of a loved one due to a negligent action listed above, you may have grounds to file a wrongful death claim. However, it’s important to follow all the correct rules and procedures regarding wrongful death cases in Kentucky.

Pursuing Damages After Experiencing Wrongful Death

When an untimely death occurs that is considered a wrongful death, families can pursue damages to help cover the financial and emotional impact of their loss. This can include economic and non-economic damages, such as:

• Hospital bills
• Funeral and burial costs
• Loss of income
• Loss of benefits
• Loss of companionship
• Emotional pain and suffering

In some cases, the family can also seek punitive damages. This is reserved for cases where there is evidence of gross negligence, as punitive damages are meant to punish the party responsible for the negligent act.

Eligibility for Filing Civil Claim

Who exactly can file a wrongful death claim? Kentucky law provides that the deceased person’s estate representative has the power to file a civil claim for wrongful death. What is an estate representative? It’s essentially the appointed person in charge of handling all the deceased’s personal and financial belongings after their death. In some cases, there may not be a designated representative. That means the court will then appoint someone to be the representative, usually a person outside of the immediate family.

The Distribution of Damages

Although family members cannot act as the claim representative, they fall into the line of eligibility for receiving any awarded compensation. The order for distributing awarded damages goes as follows:

• Spouse – A surviving spouse with no children will receive the awarded compensation in its entirety.
• Spouse and children – If there is a surviving spouse and child(ren), the awarded compensation will be split among them.
• Only surviving children – A surviving child or children will receive the entirety of the awarded compensation.
• Only surviving parents – If there is no surviving spouse or children, then the deceased’s surviving parent(s) will receive the full awarded compensation.
• No surviving immediate family members – Without any surviving family members, any awarded compensation will go to the deceased’s estate.

If you have questions or concerns regarding the distribution of money in a wrongful death case, consider contacting a Kentucky personal injury attorney with Morrin Law.

Example Wrongful Death Case in Bowling Green

• July 2024 – Bowling Green Police responded to a deadly accident that took place on Lovers Lane. According to the report, a 30-year-old male was driving northbound when he crossed into the opposite lane. He struck a 40-year-old woman’s car head-on near Briarwood Elementary and the Warren County Board of Education. The victim died from the impact, and the other driver was taken to a medical center, where he was later arrested and charged with vehicular homicide and criminal mischief.

Morrin Law Firm – Bowling Green’s Wrongful Death Attorneys

At Morrin Law, we strive to be more than just attorneys. Our goal is to be advocates for families seeking justice in the wake of a tragedy. We understand this loss stings even more from knowing it was preventable. Our team is experienced and dedicated, prepared to guide you through Kentucky’s legal system to ensure your case gets the attention it deserves.

We’ve helped countless Bowling Green families secure the compensation they need to rebuild their lives. Call our office at (859) 358-0300 and take the first step towards justice. Contact us today, as we provide risk-free case evaluations.