Louisville Wrongful Death Attorney

If a negligent or intentional act caused your loved one’s death, then you might have a claim to pursue a wrongful death case. In these situations, if it weren’t for the actions or inactions of another party, then your loved one would still be alive. Unfortunately, there are many ways that wrongful deaths can occur, and they include:

Motor Vehicle Accidents

One of the leading causes of wrongful deaths in Louisville is attributed to vehicle crashes. According to data collected from the Kentucky Department of Transportation, 762 people were killed in vehicle accidents in Kentucky during 2022. This includes accidents involving cars, trucks, motorcycles, or pedestrians. Often, these crashes happen due to other drivers’ actions, such as distracted driving, speeding, driving under the influence, or failing to obey traffic signals. When a driver’s negligence leads to a fatal accident, the surviving family may pursue a wrongful death claim.

Medical Malpractice

Instances of medical malpractice such as misdiagnoses, surgical mistakes, and improper treatment may lead to a wrongful death. All health care providers are expected to meet a standard of care. When they fail to do so, and it causes the patient’s death, they may be held liable.

Workplace Accidents

With a strong industrial and construction presence in Louisville, workplace accidents can result in fatalities. These incidents are often tied to unsafe working conditions, lack of proper training, equipment failure, or violations of safety regulations. In these cases, employers or third parties could be held accountable under certain circumstances.

Nursing Home Abuse

Some nursing home deaths can be the result of neglect or abuse by the facility’s staff. A few common causes of wrongful death in nursing homes include inadequate medical care, malnutrition, dehydration, falls, and failure to address serious health conditions.

Premises Liability

Unsafe buildings, slips and falls, and negligent security could lead to fatal accidents. All property owners have a duty to make sure their premises are safe for visitors. When they fail to meet this duty, and someone dies, a wrongful death claim may able to be pursued.

Criminal Acts

While many of these claims focus on negligent acts, some deaths can result from intentional actions, such as assault, murder, or other criminal behavior. In these situations, the responsible party may face both criminal charges and civil liability depending on the exact nature of the incident. Family members may be able to pursue a wrongful death lawsuit in civil court.

In these situations, you want to make sure that those responsible for the death of your loved one are held accountable to the law. At McCoy & Hiestand, PLC, we are here to help with your case. Contact us to schedule an initial consultation regarding your claim.

If you have determined that someone else’s actions led to your loved one’s death, you still need to prove that negligence was the main factor in these cases.

First, the defendant must have owed a duty of care to the deceased individual. There must be some relationship between the parties. For example, drivers owe a duty to operate their vehicles safely, doctors owe a duty to provide competent medical care, and property owners owe a duty to maintain safe premises.

Also, there needs to be a breach of this duty of care. This happens when the defendant’s actions (or inactions) are not what a reasonable person would do under the same circumstances. Reckless driving, medical negligence, or failing to maintain safe conditions on a property are a few examples of these breaches.

Additionally, there needs to be a direct link between the breach of duty and the death of your loved one. Your legal team needs to prove that the defendant’s actions directly caused or contributed to the death.

Finally, your loved one’s death must have resulted in specific damages, such as funeral and burial expenses, loss of income and financial support, loss of companionship, and emotional suffering.

These cases can be difficult to handle on your own. Not only are you dealing with the aftermath of a loved one’s death, but you also have to find evidence to build a solid case against the defendant. For this reason, you will want to contact our Louisville wrongful death attorney for assistance during this time. We are here to help you bring the strongest case to the courtroom.

In Kentucky, only certain individuals are allowed to legally file a wrongful death lawsuit in the Commonwealth. Under Kentucky Revised Statutes 411. 130, the personal representative, also known as the executor or administrator of the deceased person’s estate, can take these actions. In most cases, this person is appointed by the probate court. They are responsible for managing the deceased’s estate, including filing the wrongful death claim.

While the personal representative files the claim, the deceased’s surviving family members can collect monetary compensation from the lawsuit. These individuals can include:

• Spouses
• Children
• Parents

These family members may not file the claim themselves unless they are also the personal representative, but they are the ones who benefit from the lawsuit.

When a person unexpectedly passes away, they may leave their surviving family members with substantial expenses. In a wrongful death lawsuit, these types of damages may be recoverable:

• Funeral and burial expenses
• Medical expenses
• Loss of earnings and benefits
• Loss of companionship
• Pain and suffering of the deceased
• Loss of consortium
• Loss of parental care and guidance

In cases where the defendant’s actions were egregious or reckless, punitive damages may be awarded to punish them. However, these awards are rare and not awarded in every situation.

These compensation awards can help to alleviate some of the burdens caused by the untimely loss of a loved one.

Unfortunately, the personal representative of your loved one’s estate does not have unlimited time to take legal action. Under the statute of limitations, a lawsuit must be filed within one year from the date of death. Failing to file could result in losing the right to pursue the claim.

At McCoy & Hiestand, PLC, we understand the emotional strain a wrongful death case can place on your family. Let us relieve you of this burden while we pursue the compensation you deserve. We are committed to securing a financial recovery for you and holding the negligent party accountable for their actions.

Let our wrongful death attorneys in Louisville conduct a free initial review of your case.