Wrongful death is defined as the death of a person that results from an injury inflicted by the negligence or wrongful act of another. Someone’s wrongful death can be unintentional or intentional and can cover actions like assault, recklessness, and negligence.
Injuries leading to death can be caused by an individual person or by a corporation and will typically result in a claim being made in court by the deceased person’s family.
If a person suffered an injury and died because of another party’s negligence, it is important their family members retain the services of a Springfield personal injury lawyer who can guide them through the legal process and will help make sure they receive a financial settlement that is commensurate to the amount of grief they are experiencing.
Filing a Lawsuit
When dealing with a person’s wrongful death, immediate family members will more than likely decide to channel their grief and seek justice against any negligent parties.
However, before a wrongful death lawsuit can be filed, the Probate Department of the Kentucky Court of Justice has to appoint a personal representative to oversee the newly deceased’s estate. The personal representative will then be able to bring a wrongful death claim to court and will take over the plaintiff’s position for the entirety of the case.
It is important for the personal representative and other family members to know that there are distinct differences between a wrongful death claim and a criminal case. An experienced Springfield wrongful death lawyer can assist an individual in this complex legal process.
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A wrongful death claim is solely a civil case where liability is communicated through monetary damages. This differs from a criminal case where the state or local prosecutor files the lawsuit, and a guilty person or party is punished with jail time, fines, probation, or a number of other penalties that can be handed down by a judge.
Besides knowing the difference between a civil and criminal case, it is essential that the personal representative and other family members understand how damages in a wrongful death case will be distributed once the court makes its final decision.
Damages primarily go to the estate of the deceased, but they can also go to certain family members who survived the deceased person. It is essential for the surviving family members to find an experienced wrongful death attorney in Springfield who can help them figure out the financial details and could usher them through any delicate family matters.
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Contacting an Attorney
A Springfield wrongful death attorney will make sure that the deceased is treated with respect throughout the legal process. They will also help the family representative satisfy the demands of the legal system and will make sure that they are meeting simple deadlines like the one-year statute of limitations placed on filing a wrongful death claim in Kentucky.
If one of your family members has died due to a personal injury, it is essential that you contact a Springfield wrongful death lawyer who can go over the details of the accident and formulate a strategy that will result in a respectable financial settlement and give you the justice you are seeking.
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