Morrin Law Office
Wrongful Death Accidents in Georgetown, Kentucky
Any death in the family is traumatic. Losing a loved one is never easy, especially when the death could have been prevented. In situations where another person’s reckless or negligent actions resulted in death, the surviving family can seek compensation for the financial strain and emotional suffering. This is referred to as a wrongful death claim.
Example scenarios that can lead to wrongful death claims being filed in Kentucky:
- A two-car collision resulting in the death of a driver or passenger;
- A malfunction of a semi-truck that causes a multi-car pile-up with deaths;
- A deadly crash between a motorcycle and truck, in which the truck did not see the motorcyclist; or
- A pedestrian was struck and killed by a car not obeying traffic lights.
Did you recently experience the devastating loss of a loved one? Did someone else’s negligent actions cause the incident? Then you may have grounds to file a wrongful death claim. Contact the office of Morrin Law to discuss the details of your case.
Who Can File a Wrongful Death Claim?
In Kentucky, the person with the authority to file a wrongful death lawsuit is the appointed executor of the deceased. This is typically an individual who has been appointed in the will; however, that’s not always the case. The court shall appoint someone for the case if no appointed person is already appointed. Remember that Kentucky does not allow close family members to file the claim, but they are part of the group that will receive compensation if the case is successful.
Awarding Compensation Through a Wrongful Death Case
There is a legal process for distributing compensation awarded through a wrongful death claim. This depends on the family structure and who is surviving the deceased. The order of receiving compensation in Kentucky is as follows:
- Surviving spouse and no children = Spouse receives 100% of the compensation
- Surviving spouse and children = Spouse receives 50% and children receive 50%, splitting the compensation
- Only surviving children, no spouse = Child or children receive 100% of the compensation
- No surviving spouse or children = Surviving parents receive 100% of the compensation
- No surviving spouse, children, or parents = The deceased’s estate will receive 100% of the compensation
How Much Money Can My Family Get for a Wrongful Death Win?
When it comes to civil cases such as wrongful death, multiple variables determine the amount of money the surviving family may be awarded. There are no caps on wrongful death claims in Kentucky, so an attorney can help you pursue the compensation your family believes is fair. However, there will be an investigation into the case, looking for evidence that supports the wrongful death claim.
Some factors that help determine the amount of awarded money include:
- The type of death;
- Medical bills;
- Loss of financial support;
- Loss of benefits; and
- Punitive damages.
Punitive damages can be sought in cases with evidence of gross negligence.
Determining Fault in a Wrongful Death Case
To be successful in winning a wrongful death case, you need evidence to support the claim. This means proving that another person’s negligent actions or lack of actions caused the death in your family. Determining fault in a wrongful death case is done by establishing the following elements:
- Duty of care – The at-fault party was obligated to act safely and reasonably while on the road.
- Breach of duty – The at-fault party failed to meet this standard of expected care.
- Causation – The failure to meet expectations of care by the at-fault party directly caused or contributed to the death of the victim(s).
Since the state of Kentucky works off pure comparative fault, that means the surviving family may be eligible for compensation even if the deceased person held some of the fault for the collision. The court will reduce the awarded compensation by the percentage of fault found by the victim. A Kentucky personal injury lawyer with Morrin Law can help you gather evidence that supports the wrongful death claim.
Example Case in Georgetown, Kentucky
- April 2024 – A deadly collision took place near I-75 on Paris Pike. According to the Georgetown Police, two vehicles were involved in the crash around 5 pm on April 28th, 2024. A white SUV was traveling Eastbound when another SUV pulled out in front, resulting in a wreck. The driver of the second SUV was transported to the hospital where he unfortunately passed, and the three people in the other SUV suffered injuries, as well.
Contact a Wrongful Death Attorney in Kentucky
Hiring legal representation for a Kentucky wrongful death case can immensely help with the process. Given the complexity of civil cases, having an experienced legal representative on your side can make a dramatic difference, adding value and insight to your case. If you choose to work with Morrin Law, our attorneys will do everything we can to assist with your claim.
Our lawyers can help you gather evidence that supports the claim of negligence, negotiate with the insurance adjusters, and provide representation in the courtroom, if necessary. We will be with you through every step of the way. Receive a risk-free case evaluation when you call our office at (859) 358-0300 today.