Attorney for Wrongful Death in Covington, Kentucky

What Causes a Wrongful Death Accident?

What makes a death wrongful? In Kentucky, this phrase refers to an incident in which a person has died due to the negligent or reckless actions of another person or party. A wrongful death claim, then, is a civil action to help the surviving family members tackle the financial burden caused by the loss of their loved one. Wrongful death claims are also established to hold accountable the responsible party or person.

The following lists incidents in which a wrongful death claim may be filed:

• Car Accidents – Instances of reckless driving, driving under the influence, or other unsafe behavior that led to a deadly collision with another vehicle, bicyclist, or pedestrian.
• Workplace Accidents – Instances of fatal injuries caused by unsafe work environments.
• Defective/Malfunctioning Products – Instances of a person dying caused by a defective product or malfunction.
• Criminal Acts – Instances of a person being killed due to another person’s criminal acts, whether the death was intentional or in the process of committing another crime.
• Medical Malpractice – Instances of medical malpractice that lead to the patient’s death, such as a wrong diagnosis or the failure to provide treatment.

Not every wrongful death case will look the same. However, the surviving families need to have an option for seeking justice to recover both financially and emotionally from their loss. This is where filing a wrongful death claim comes in.

Establishing Fault in a Wrongful Death Case

To be eligible to file a wrongful death claim, you first need to establish fault. That means gathering evidence that proves the fatal incident was caused by another person and their dangerous or intentional actions. The court cannot award the surviving family any compensation unless there is proof of the incident being preventable, specifically if the at-fault party had not acted in such a negligent or reckless manner.

When considering fault, it’s worth noting that Kentucky has a comparative fault system. What is comparative fault? Essentially, it means that any awarded compensation will be reduced based on the deceased person’s fault (if any). In other words, even if both people involved in the fatal accident are somewhat responsible, the surviving family members can still receive compensation to help with the financial burden. The percentage of fault from the victim’s side will be subtracted from the total awarded compensation.

Who is Allowed to File a Wrongful Death Claim in Covington, KY?

There are specific rules regarding who can file a wrongful death claim, as well as who receives the awarded compensation. Kentucky law only allows the personal representative of the deceased person’s estate to file a claim. This is usually a person outside of the immediate family members. If, for instance, there is no will or person designated as the representative, the court will appoint a representative. Keep in mind that this is different from who will receive any compensation if the claim is successful.

Available Compensation Through Wrongful Death Claims

The amount of compensation available through a wrongful death claim will depend on aspects like the age of the deceased, the type of death, the amount of income and benefits they had before the fatal incident, and the financial strain on the surviving family.

The order in which compensation is awarded to the surviving family members is as follows:

1. Surviving spouses – Receive 100% of the compensation for damages if they were still married at the time of the incident, and if there were no surviving children.
2. Surviving children – Receives 100% of the compensation if there is no other surviving parent, or the surviving parent and child(ren) split the awarded compensation.
3. Surviving parents – Receives 100% of the compensation if there are no surviving partners or children.

Any awarded compensation is meant to help alleviate the financial damages caused by the family member’s death. The damages that the compensation is meant to help with include:

• Medical expenses from hospital stays, surgeries, and attempted life-saving treatment;
• Funeral and burial costs;
• Lost benefits and income;
• Loss of companionship; and
• Pain and suffering.

If you have questions surrounding the compensation available to you and your family during this difficult time, please consider reaching out to the experienced wrongful death attorneys with Morrin Law.

Steps for Filing a Wrongful Death Claim

There are several steps involved with the legal process of filing a wrongful death claim:

1. Personal representative – If not in the will, the court will first need to appoint a person as the personal representative of the deceased person’s estate. This will be the person in charge of filing.
2. Collecting evidence to support the claim – Evidence will need to be gathered to support the claim. Sufficient evidence often includes accident reports, medical records, expert opinions, and witness statements.
3. Filing the claim/lawsuit – The appointed representative will need to file the claim or lawsuit in a civil court.
4. Negotiations – Once the evidence has been collected and distributed, the insurance companies will likely offer a settlement. The representative or their attorney can negotiate with the insurance adjusters or deny the offer and head to trial.
5. Trial – If necessary, the case may need to go to the courtroom for trial to determine the extent of fault and compensation to award, if any.

While some people may attempt to go through a wrongful death claim on their own, having a knowledgeable attorney on your side can make a huge difference. If you choose to work with Morrin Law Firm, we can provide you with legal support and guidance throughout the entire process.

Important Things to Know Before Filing for Wrongful Death

There are several things to note regarding wrongful death claims. First is the statute of limitations.

In the legal world, the statute of limitations refers to the allotted time a person must file a civil claim. When it comes to a wrongful death case, the typical time frame is one year from the date of the family member’s sudden death. If there was no appointed representative, this time starts from the moment the court appoints a representative of the estate.

When dealing with civil matters, ensuring you are well within the statute of limitations is imperative to your case. Failure to file within the given time could cause your case to get barred. If you have questions about the statute of limitations for your case, contact Morrin Law.

Example Case in Covington, KY

• December 2023 – A fatal car accident took the life of a Covington man. According to a report, the crash occurred on December 22 around 4 pm on Industrial Road. One of the drivers had been operating their vehicle at 99 mph in a 45 mph zone. After impact, emergency responders extricated the victim, where he later died from his injuries. The other driver was found unconscious beneath the car’s dashboard. Police bodycam footage displayed a failed sobriety test, with a BAC of .241, three times Kentucky’s legal limit. The individual responsible for the wrongful death was found guilty of DUI along with DUI murder.

Wrongful Death Lawyers in Bowling Green, KY

When dealing with the tragic loss of a loved one, the last thing on your mind is dealing with legal nuances. The attorneys with Morrin Law are committed to providing legal support to those in Covington, Kentucky who wish to file a wrongful death claim. If you trust us with your case, we can help you gather evidence that establishes fault, negotiate with the insurance agents on your behalf, and represent you in the courtroom if your case goes to trial.

Our experienced, Kentucky personal injury lawyers understand how difficult this time is. We will do everything we can to alleviate the pain and financial suffering your family is experiencing. Contact the Office of Morrin Law today and receive a risk-free case evaluation by calling (859) 358-0300