Nothing can adequately prepare a family for the sudden loss of a loved one. The chaos, uncertainty, and grief that result from such situations can be difficult to overcome, and those affected may wonder how they will be able to move forward with life. Such situations are made all the more devastating when the death was caused by the preventable, negligent acts or omissions of another party.
While there is no dollar amount sufficient to alleviate the intense pain of such circumstances, an award of financial compensation can at least help those left behind start the process of recovery.
When tragedy strikes and the negligence of another results in the death of a spouse, parent, or other loved one, a Louisville wrongful death lawyer can offer the insights and guidance so critical to securing much-needed resources and a degree of accountability from those responsible for the unspeakable harm that has been wrought. For assistance with your claim, consult with a Louisville injury lawyer today.
Wrongful Death Claims
Broadly speaking, the goal of a wrongful death lawsuit is to compensate the family or dependents of the deceased individual and to repair the significant damage done to their future prospects by the untimely loss. In contrast to criminal prosecutions stemming from deaths caused by negligence, the objective of a wrongful death suit is to secure needed financial support, not to punish the offending party on the community’s behalf.
A wrongful death action may be brought when the demise of a person is caused by an injury inflicted by the negligence or wrongful activity of another.
In situations where the act in question was willful in nature, or characterized by gross negligence, it may be possible for plaintiffs to recover punitive damages as well. As provided by Kentucky Statute, actions of this type must be filed within one year of their occurrence.
Given the fact that wrongful death can occur in a wide array of factual situations, a Louisville wrongful death lawyer will conduct a detailed investigation of the circumstances and develop a strategy designed to maximize available compensation. Wrongful death lawsuits are often considered by the families of individuals involved in:
- Truck Accidents
- Building fires
- Suicide while under psychiatric or other professional care
- Conditions of incarceration
- Workplace accidents
- Slip and fall incidents
It is important for victims’ families to understand that civil liability can attach even when the negligent party did not actually intend to cause harm. Financial compensation may be available where death was caused by simple negligence, recklessness or carelessness.
A defendant’s failure to take steps to halt the predictable consequences of dangers known to him or her may also be sufficient for an aggrieved family to prevail.
Categories of Recovery
The losses resulting from wrongful death can be overwhelming and often include those that are both economic and non-economic in nature.
Recoverable economic damages may encompass the anticipated financial contributions of the decedent to his or her family over the course of a lifetime, as well as the value of personal services they would have provided (cooking, housekeeping, home maintenance). Non-economic damages potentially recoverable in a wrongful death lawsuit could include:
- Loss of marital relationship
- Loss of companionship
- Loss of parental advice and affection
- Loss of moral support
Valuation of any wrongful death claim can present very real challenges, and that is why a seasoned attorney will collaborate with economic loss experts able to analyze important factors such as the deceased individual’s life expectancy, earning potential, health status, lifestyle, and age.
Working with an Attorney
The unexpected death of a close loved one can instantaneously throw entire family units into despair and place each member’s future well-being in real jeopardy.
If you have recently suffered this type of loss, time truly is of the essence in terms of preserving your right to file suit and to pursue the compensation you deserve. Consult with a Louisville wrongful death lawyer today.