Paducah Wrongful Death Lawyer

When Do Fatalities Lead to the Filing of Death Claims in Kentucky?

A wrongful death occurs when a person dies due to the negligent, reckless, or intentional act of another party. A few common causes of wrongful death include:

• Car crashes and truck accidents: Negligent drivers, distracted driving, and commercial vehicle operators who fail to follow safety regulations can lead to fatal accidents.
• Medical malpractice: Mistakes by healthcare professionals, such as misdiagnosis, surgical errors, or medication errors, can result in wrongful death.
• Nursing home abuse and neglect: When care facilities fail to provide a safe environment or neglect patients’ needs, resulting in death, they may be held liable.
• Defective products: Manufacturers and distributors can be held accountable if a dangerous or defective product causes a fatality.

While these are some of the more common scenarios, any situation where someone unexpectedly dies due to negligence may be grounds for a wrongful death claim in Kentucky. If you would like to learn more about whether you can pursue such a case here in McCracken County, reach out to our Paducah wrongful death lawyer for assistance.

Who Can a Wrongful Death Action in McCracken County?

Under the above statute, only the personal representative of the deceased’s estate can file a wrongful death claim. In most cases, the person is appointed through the decedent’s will.

However, if no will exists, then the courts will step in and appoint someone to that position. Most of the time, the representative is a family member, but the Court can designate a third party for the role. The representative has the authority to file a claim on behalf of surviving family members, such as:

• The spouse
• The children
• The parents

At Prince Law Firm, our experienced attorneys can guide you in understanding this legal process.

Elements of Negligence You Must Prove When Filing a Death Case in Paducah

To be successful in your claim, your case must meet a few requirements to qualify as wrongful death. First, the person’s death must be due to a “wrongful act, neglect, or default” of another individual or party. In these cases, if the person had survived, they would be entitled to file a personal injury lawsuit.

You and your legal team will need to prove these four key elements:

• Duty of care: There must be a responsible party who had a duty to act reasonably and avoid causing harm. For example, drivers have a duty to follow traffic laws, and medical professionals must meet certain standards of care.
• Breach of duty: Also, you need to show that the responsible party failed to fulfill this duty through their actions or inaction. From the above examples, that would be a driver running a red light or a healthcare provider failing to diagnose a medical condition.
• Causation: There needs to be a connection between this breach of duty directly and the fatal injuries. Without their actions or inactions, then the death would not have occurred.
• Damages: Surviving families must have suffered financial and emotional losses resulting from the death.

Keep in mind that these claims are not limited to accidental deaths. They can also include intentional or reckless acts, such as criminal offenses, if the actions of the responsible party caused the decedent’s death.

It’s important to note that wrongful death cases are a type of civil action. This means that your right to recover damages is independent of any criminal charges prosecutors may pursue.

What Damages Are Recoverable When Preventable Deaths Occur?

In these cases, surviving family members might be able to recover the following damages:

• Medical expenses: Costs incurred from medical treatment prior to the person’s death.
• Funeral and burial costs: Expenses related to the burial or funeral of the deceased.
• Pain and suffering: Compensation for the physical and emotional suffering your loved one experienced before death.
• Loss of consortium: Compensation for the surviving spouse for the loss of companionship and support.
• Loss of income and financial support: Damages based on the deceased’s lost earning potential and financial contributions.

The Statute of Limitations for Wrongful Death Claims

In Kentucky, there are several scenarios that affect the statute of limitations for wrongful death claims. If there is a personal representative, then the one-year statute of limitations begins from the date of their appointment. However, if there’s no representative, then the statute begins on the date of the individual’s death.

Medical malpractice cases are slightly different. In these cases, the statute is one year from when the healthcare provider’s errors were discovered or reasonably should have been identified. Keep in mind that there is a set five-year limit to take any legal action.

Since there are several scenarios that could affect your time to file a claim, you will want to reach out to a Paducah wrongful death attorney to help with your case. They will make sure to file all the necessary documentation within the appropriate time frame for your claim.

Choose an Experienced Paducah Wrongful Death Lawyer

Choosing the right attorney can make all the difference in a wrongful death case. When you work with a knowledgeable and dedicated lawyer, they understand all the intricacies of the law. They can make sure to protect your rights throughout the process and make sure you get the compensation that you deserve.

While a lawsuit will not bring back your loved one, holding these liable parties responsible for their actions can help you find closure during this challenging time.

If you have lost a loved one due to another’s negligence, you have legal options. We can provide the guidance you need during this devastating time. Contact us today to set up a consultation with our Paducah wrongful death lawyer.