Paducah Wrongful Death
Losing a loved one can be one of the most difficult experiences in life. Sadness, grief, heartache, pain – these are only some of the emotions surviving loved ones may feel at any given time. When a wrongful death is caused by an accident that could have been prevented through ordinary care, these emotions magnify. Kentucky, like other states, has special laws in place that allow survivors of the decedent to pursue claims for the events that caused the death, as if he or she was still alive. While the period of time following the loss of a loved one can be extremely difficult, a Paducah wrongful death attorney can guide you through the process. Nahon, Saharovich & Trotz has assisted grieving families for more than 30 years, and we are available to speak with you today.Wrongful Death Defined
A wrongful death is typically characterized by a death caused by wrongful actions (or inaction) of someone else. The legal definition of wrongful death per Kentucky law is when “the death of a person results from an injury inflicted by the negligence or wrongful act of another.”
A wrongful death claim can arise out of a variety of situations, including:
- Car accidents
- Truck accidents
- Pedestrian accidents
- On the job injuries
- Medical malpractice
- Nursing home abuse
- Inadequate security
- Unsafe premises
- Dangerous prescription drugs or medical devices
If a loved one died due to someone else’s negligence, to learn about your legal options you should consult with a wrongful death lawyer in the Paducah area. Our firm takes pride in conducting a thorough investigation of the facts surrounding the loss in order to analyze all theories of recovery. In order to succeed on a wrongful death lawsuit, it must be established that the defendant’s conduct caused or contributed to the death.
The legal standard for liability will depend on the circumstances. For example, liability in a fatal car accident can be proven by showing the defendant driver acted unreasonably, such as drunk or distracted driving. In the context of inadequate security, if a property owner knew of criminal activity afoot on the premises but failed to act appropriately, liability can be established. Medical malpractice and nursing home abuse claims, on the other hand, center on whether a doctor or healthcare facility breached the relevant standard of care.
Successfully proving liability can shift the focus to damages. In a Kentucky wrongful death lawsuit, compensatory and punitive damages may be obtained. Common elements of damages are funeral and burial costs, medical bills, pain and suffering between the decedent’s time of injury and death, and lost future earnings. To fully document the damages you may be entitled to recover, it may be necessary to retain experts. For example, vocational economists can calculate the wages the decedent would have likely earned over the course of his or her lifetime, based on factors like age, education, experience, and earning history. Recovering for lost earnings can help ensure that the family’s needs are taken care of, including housing, food, and education.
All personal injury lawsuits have a statute of limitation, and wrongful death cases are no exception. The statute of limitation is the legal timeframe within which a claim must be settled or a lawsuit filed in court in the proper jurisdiction. Generally speaking, the statute of limitation for a wrongful death lawsuit in Kentucky against a negligent or guilty party is one year. Failure to resolve your claim or file suit within this period of time could result in outright dismissal of the claim, meaning you could lose out on your right to damages. With the clock on your rights ticking, contacting a Paducah wrongful death lawyer can make all of the difference in your case.Our Personal Injury Lawyers Are Here for a Free Consultation
Losing a spouse, child, parent, sibling, or other close family member can cause immeasurable grief. Let our team take the pressure off of you and help ensure your rights remain protected. To speak with a wrongful death attorney in the Paducah area, call us at 800-529-4004 or complete our online form for a no-cost and confidential consultation. We have helped survivors obtain justice after losing loved ones for more than 30 years, and our team is ready to get started helping you immediately.