Lexington Wrongful Death Attorney

Can You File a Wrongful Death Claim in Lexington?

As a surviving family member, consider filing a wrongful death lawsuit to seek closure in the face of an untimely loss caused by negligence. Pursuing legal action can provide a platform to hold responsible parties accountable for their actions or negligence, thereby preventing similar tragedies from befalling others.

Under Kentucky Legislature Chapter 411 Section 130, the decedent’s estate’s personal representatives may file a wrongful death claim. The personal representative is usually appointed in the victim’s will; if not, the court will appoint someone to fulfill the role.

If you are unsure whether you are eligible to file a lawsuit, consult a wrongful death attorney in Lexington, KY. After reviewing your case, they will guide you toward your next steps.

Available Wrongful Death Damages

While receiving compensation will not fill the void left by the death of a loved one, it will bring you and your family financial security. It allows families to focus on healing and rebuilding their lives without worrying about financial instability.

An attorney from McCoy & Hiestand will collaborate closely with you to calculate all your expenses related to your loved one’s untimely passing. They will also consider any future losses you may suffer.

Possible wrongful death damages include:

• Medical expenses
• Funeral expenses
• Property damage
• Lost wages
• Pain and suffering
• Reduced earning capacity
• Loss of consortium
• Loss of companionship

Our legal team will gather evidence and build a compelling case demonstrating the extent of the harm caused by the party responsible for the fatal accident. They will use different types of evidence to strengthen your claim, including medical records, financial statements, witness testimonies, and expert medical opinions.

How to Prove a Wrongful Death Claim

A wrongful death lawyer will build a strong, evidence-based claim on your behalf. Establishing liability provides the legal basis for seeking compensation for the damages suffered due to losing your loved one.

To prove negligence, a wrongful death attorney will consider the following key aspects:

• Duty of Care: This involves establishing that the defendant had a legal duty of care toward the deceased person. This duty implies that the defendant was obligated to act reasonably and prudently to prevent foreseeable harm to others.
• Breach of Duty: The second element requires showing that the defendant breached their duty of care. This means demonstrating that the defendant’s actions or failure to act fell short of what a reasonable person would have done under similar circumstances, effectively creating an unreasonable risk.
• Causation: Next, they will prove that the defendant’s breach of duty was the direct cause of the wrongful death. This involves demonstrating that the harm suffered by the deceased person was a foreseeable consequence of the defendant’s actions or negligence.
• Damages: Finally, your lawyer will establish the damages resulting from the wrongful death. These damages can include economic losses (such as medical expenses) and non-economic losses (such as emotional distress) suffered by the surviving family members.

Kentucky’s Statute of Limitations for Wrongful Death Lawsuits

The statute of limitations sets a legal time frame to file a claim against the at-fault party. In Kentucky, the time limit for wrongful death cases is typically one year from the date of the individual’s death. This means those who wish to pursue a wrongful death lawsuit must initiate legal proceedings within this specified time frame.

Failing to file within the statute of limitations can result in losing the right to seek legal recourse for the wrongful death. Consult an experienced attorney who can guide you through the claim process while adhering to the relevant legal deadlines.

Call a Wrongful Death Lawyer in Lexington Today

If you lost a loved one in a fatal accident, please accept our sincere condolences. At McCoy & Hiestand, we understand how your family’s life changed after losing a loved one, and we want to help you seek justice.

Our wrongful death attorneys in Lexington, KY, will investigate the circumstances of the fatal accident and hold the liable party accountable for their actions. They will pursue the maximum compensation available, so your family won’t worry about financial security.

Contact us today, and we will start planning an effective legal strategy.