You may experience nothing as painful as losing someone you love to an avoidable accident. Knowing they may have lived if someone’s negligence hadn’t interfered can cause excruciating anguish.
That’s where we come in. Crandall & Pera are experienced wrongful lawyers in Lexington, Kentucky, who understand your plight. We’re here to help you plan your next move and ensure your family gets the help you deserve.
Why Choose Our Lexington Wrongful Death Lawyers?
If someone you love has passed away due to someone else’s mistake, having a good lawyer can help you get the money your family deserves.
We are Crandall & Pera Law, a trusted law firm that helps families with wrongful death cases in Lexington and nearby areas. Our experienced lawyers are here to help you and your family during this tough time.
Why Choose Us: Our team of Lexington wrongful death attorneys is known for their devotion to each case, ensuring that justice is served every time. We have a history of achieving successful client verdicts, and you could be the next case we take.
Our Approach: Our lawyers have a unique perspective on wrongful death cases. They used to work for insurance companies and healthcare providers, so they know the ins and outs of their defense tactics.
Our insight helps us build solid arguments for your case, spot weaknesses in the other side’s plan, and choose experts like doctors and safety experts who can testify without bias.
We know how hard it is for families dealing with a wrongful death, both emotionally and financially. That’s why we’re here to help. We offer a free consultation to discuss your legal options and how we can guide you toward justice.
If you’ve lost a loved one due to someone else’s negligence or misconduct, contact Crandall & Pera Law today. We’re here to support you every step of the way in your pursuit of justice and compensation for your family’s loss.
What Is a Wrongful Death Claim in Kentucky?
In Kentucky, a wrongful death claim is a legal action that can be pursued when the wrongful or negligent actions of another party cause an individual’s death. The purpose of a wrongful death claim is to obtain compensation for the losses and damages suffered by the surviving family members because of the deceased person’s death.
Key points about wrongful death claims in Kentucky
- Eligible Parties: In Kentucky, the personal representative or executor of the deceased person’s estate typically initiates the wrongful death claim.
- Types of Wrongful Acts: Wrongful death claims can arise from circumstances such as car accidents, medical malpractice, workplace accidents, product liability, and intentional acts like homicide.
- Damages: Damages in a Kentucky wrongful death claim may include compensation for medical expenses, funeral and burial costs, lost earning capacity of the deceased, loss of companionship and support, and pain and suffering endured by the deceased before death.
- Statute of Limitations: Kentucky has a statute of limitations for wrongful death claims, which means a specific timeframe within which a claim must be filed. Consult an attorney promptly to ensure compliance with these deadlines.
- Burden of Proof: In a wrongful death case, the plaintiff (the party bringing the claim) must prove that the defendant’s negligence or wrongful actions directly caused the person’s death.
- Survival Actions: Kentucky law allows for survival actions, which recover damages for the pain, suffering, and other losses experienced by the deceased person before their death.
Each wrongful death case is unique, and the specific legal requirements and procedures may vary.
Consult an attorney experienced in wrongful death cases to understand the nuances of pursuing a claim in Kentucky and navigate the legal process effectively.
What Is Kentucky’s Statute of Limitations on Wrongful Death Claims?
In Kentucky, the statute of limitations for wrongful death claims is generally one year after the deceased person’s death.
However, exceptions may apply depending on the circumstances, so consult an attorney to understand your situation’s applicable statute of limitations.
Initiate a wrongful death claim promptly for your best chance at success, as missing the statute of limitations deadline can result in losing the right to pursue legal action and seek compensation.
Who Can File a Wrongful Death Claim in Kentucky?
In Kentucky, the personal representative or executor of the deceased person’s estate must file a wrongful death claim. The representative handles the legal affairs of the deceased person’s estate, including pursuing the wrongful death claim.
The representative does not recover damages in the wrongful death claim but instead collects the damages for the beneficiaries and distributes them according to Kentucky’s laws.
If you lost a loved one due to someone else’s wrongful or negligent actions, consult an experienced attorney who understands wrongful death cases in Kentucky. They can help guide you through the legal process, identify eligible beneficiaries, and take appropriate legal actions to seek compensation for the surviving family members’ losses.
Who Can Serve as the Personal Representative of the Estate in Kentucky?
In Kentucky, the court typically appoints the personal representative of the deceased person’s estate through the probate process. The representative may be called an executor or administrator, depending on whether the deceased person had a valid will or died intestate (without a will).
Here are some key points regarding who can serve as the personal representative in Kentucky:
Executor: If the deceased person left a valid will, they may have designated an executor to carry out their wishes and administer their estate. The executor is typically a person of the deceased’s choosing and maybe a family member, friend, or trusted individual. The court will generally honor the deceased person’s choice of executor unless there are legal reasons to disqualify that person.
Administrator: If the deceased person did not leave a valid will, or if the named executor cannot or does not wish to serve, the court will appoint an administrator to act as the personal representative.
The administrator is typically a close family member, such as a surviving spouse, child, or relative. If no eligible family member is available or willing to serve, the court may appoint another qualified individual or entity.
Qualifications: To serve as a personal representative in Kentucky, an individual must generally meet specific qualifications, including being at least 18 years old, mentally competent, and not having a felony conviction or other legal disqualifications.
The appointment of a personal representative happens through the probate court and is based on Kentucky’s laws and the case’s circumstances.
If you have questions or need to initiate the probate process to appoint a personal representative, it is wise to consult with an attorney experienced in probate and estate matters in Kentucky to ensure compliance with the legal requirements.
Types of Wrongful Death Claims in Kentucky
Wrongful death claims can happen when someone’s actions, whether they were careless, reckless, or on purpose, cause another person to die.
Some common situations where wrongful death claims may occur include:
- Car Accidents: When people die in car crashes because of a careless driver, a faulty car part, or dangerous roads, there might be a wrongful death claim.
- Medical Mistakes: If a doctor or healthcare provider makes a big mistake that leads to a patient’s death, it could result in a wrongful death claim. This could include surgery errors, wrong diagnoses, giving the wrong medicine, or not caring for the patient properly.
- Work Accidents: Fatal accidents at work, like on construction sites or in factories, can lead to wrongful death claims, especially if safety rules are ignored.
- Faulty Products: When products like machines, everyday items, or medical devices have problems that cause someone’s death, the company that made or sold the product might face a wrongful death claim.
- Dangerous Places: If someone dies because a property was not safe, like from slipping and falling, not having proper security, or not following building rules, there might be a wrongful death claim against the property owner.
- Nursing Home Abuse: When older people in nursing homes suffer harm or die because of abuse or neglect, it can lead to a wrongful death claim.
- Criminal Acts: Even if someone faces criminal charges separately, their actions, like assault, murder, or manslaughter, can still lead to a wrongful death claim.
- Recreational Accidents: Fatalities during fun activities, such as boating accidents, accidents at theme parks, or injuries while playing sports, might result in wrongful death claims if someone acted carelessly.
- Airplane Accidents: If a plane crashes and causes deaths, airlines, manufacturers, or others involved could face a wrongful death claim.
- Dangerous Medications: Deaths related to harmful prescription drugs can lead to wrongful death claims against pharmaceutical companies or healthcare providers.
Talk to a skilled wrongful death lawyer to see if your situation qualifies for a claim in Kentucky. Whether or not you can make a claim and how likely it is to succeed depends on state law and the details of your case.
What Does a Wrongful Death Lawyer Do?
A wrongful death lawyer represents the surviving family members or beneficiaries of a deceased person in legal claims and lawsuits related to wrongful death.
Here’s what a wrongful death lawyer typically does:
- Legal Consultation: A wrongful death lawyer will initially meet with the surviving family members to discuss the circumstances of the death and provide legal advice on whether there are grounds for a wrongful death claim.
- Investigation: The lawyer will conduct a thorough investigation into the incident that caused the death. This may involve gathering evidence, talking to witnesses, reviewing medical records, and consulting with experts, such as accident reconstruction specialists or medical professionals.
- Establishing Liability: The lawyer’s primary goal is to establish the liability of the party or parties responsible for the wrongful death. This may include proving negligence, recklessness, intentional misconduct, or product liability, depending on the specific circumstances.
- Identifying Damages: Wrongful death lawyers work to identify and calculate the damages the surviving family members suffered. This can include economic damages such as medical expenses, funeral costs, lost income, and non-economic damages like pain and suffering, loss of companionship, and emotional distress.
- Negotiations: In many cases, wrongful death claims are settled out of court through negotiations with the responsible party’s insurance company or legal representatives. The lawyer will advocate for the best possible settlement for the surviving family members.
- Litigation: If you can’t reach a fair settlement through negotiations, the lawyer will file a wrongful death lawsuit in court. If necessary, they will represent the family in all legal proceedings, including pre-trial motions, discovery, and trial.
- Trial Representation: If the case goes to trial, the lawyer will present evidence, question witnesses, and make legal arguments on behalf of the surviving family members to seek a favorable verdict.
- Settlement Distribution: If a settlement or judgment is awarded, the lawyer will ensure that the compensation is distributed appropriately among the surviving family members and by the law.
- Legal Guidance: Throughout the entire process, a wrongful death lawyer provides legal guidance, updates, and advice to the family members, helping them navigate the complex legal system and make informed decisions.
- Compassion and Support: In addition to their legal expertise, a compassionate wrongful death lawyer understands the emotional toll that a wrongful death takes on the family. They offer support and empathy to the grieving family members during a difficult time.
A wrongful death lawyer will seek justice and compensation for the surviving family members and hold the responsible parties accountable for their actions or negligence in causing the death of their loved one.
Call Crandall & Pera Law’s Lexington Wrongful Death Lawyers Today
Hiring a Lexington personal injury lawyer can significantly improve your chances of obtaining a fair settlement or favorable court verdict, ensuring that you receive the compensation you need to recover from your injuries and move forward with your life.
Call us at (859) 800-9090 for your free consultation.