A sudden death can cause unimaginable pain and grief. Finding out that your loved one’s death could have been prevented often makes the pain even harder to endure. If your loved one died in an avoidable accident, you have every right to be angry and deserve an opportunity to seek justice for your loss.
A Florence wrongful death lawyer can meet with you to learn more about the accident that led to your loved one’s death. Our dependable personal injury attorneys might be able to leverage their decades of experience and knowledge of the law to help you pursue financial damages.
How Wrongful Death Actions Work in Florence
A wrongful death happens when one person carelessly, recklessly, or negligently does something to cause another person’s death. This type of legal suit allows surviving family members to seek compensation for the losses incurred by their family. Surviving family members can pursue legal damages from a person or business that did something to cause another person’s death, regardless of whether their acts were intentional or unintentional.
Wrongful death actions are civil actions, which are different from criminal prosecutions. In a wrongful death lawsuit, the deceased person’s family members need to prove that it is more likely than not that the defendant’s actions or inactions contributed to their loved one’s death. To be convicted in a criminal case, the Commonwealth must prove their case beyond a reasonable doubt. Even if the defendant in a wrongful death action has previously been convicted or acquitted of criminal charges, you can separately pursue damages in a civil action with the assistance of a Florence wrongful death attorney.
Eligible Parties to a Florence Wrongful Death Suit
Kentucky law requires the personal representative of the deceased person’s estate to bring a wrongful death claim for the benefit of the decedent’s heirs. The executor named in the decedent’s will or a court-appointed administrator can bring a claim. If the suit is successful, the personal representative would distribute the proceeds of the damages award pursuant to Kentucky Revised Statute § 411.130 in the following manner:
- If the decedent had children and a spouse who outlived them, half of the proceeds would go to the surviving spouse and half to the children.
- If the decedent had a spouse who outlived them, but no children, all of the proceeds would go to the surviving spouse.
- If the decedent was unmarried with children, all proceeds would go to the children.
- If the decedent had no spouse and also no children, all proceeds would go to the decedent’s parents.
- If the decedent had no spouse and was also without children or surviving parents, all proceeds would go to the decedent’s estate.
The settlement proceeds will be disbursed pursuant to Kentucky law. It is critical that you meet with a wrongful death lawyer in Florence as soon as possible after losing a friend or family member in a fatal accident. A knowledgeable legal team can begin their investigation promptly, including handling paperwork, collecting evidence, dealing with insurance companies, et cetera. This provides some assurances to the family that their rights are being protected and they can properly grieve the loss of their loved one while an experienced law firm investigates and prosecutes the civil claim on your behalf.
Meet with a Florence Wrongful Death Attorney for Guidance
If you lost your loved one in a tragic death, you might have grounds to pursue a wrongful death claim and potentially file a wrongful death lawsuit. Many wrongful death claims are resolved without litigation. Although a successful resolution of a legal claim cannot bring back your lost family member, it can give you a sense of justice knowing that the people who played a part in causing your loved one’s death are legally and financially responsible.
Arrange a meeting with an experienced Florence wrongful death lawyer. Call us today to learn what your options are.