Understanding Wrongful Death Cases in Kentucky
The loss of a loved one is devastating, and when that loss is caused by someone else’s negligence or wrongful actions, the pain can feel insurmountable. In Kentucky, wrongful death cases provide grieving families with a legal path to hold those responsible accountable civilly and recover compensation to alleviate the financial burdens associated with their loss. Brett H. Oppenheimer, PLLC, is dedicated to helping families navigate these challenging cases, ensuring justice is served.
What Is a Wrongful Death Case?
A wrongful death case arises when an individual dies due to the negligent, reckless, or intentional actions of another person or entity. Common examples include:
- Car Accidents: Negligent driving, drunk driving, or distracted driving can lead to fatal crashes. Perhaps the intoxicated driver was overserved at a bar or restaurant and that too may be evidence of another potentially liable party.
- Medical Malpractice: Misdiagnosis, surgical errors, or negligence during medical treatment can result in wrongful death.
- Defective Products: Manufacturers can be held liable if unsafe or poorly designed products cause fatal injuries.
- Premises Liability: Slip-and-falls, fires, or other unsafe property conditions can lead to tragic deaths.
Under Kentucky law, the estate of the deceased can file a wrongful death claim to seek damages for the loss of their loved one.
Who Can File a Wrongful Death Claim in Kentucky?
Kentucky law (KRS § 411.130) specifies that only the personal representative of the deceased’s estate can file a wrongful death lawsuit. The personal representative is typically named in the deceased’s will or appointed by the court.
While the personal representative files the claim, the compensation is distributed to the deceased’s beneficiaries, such as:
- Spouse: If there are no children, the spouse receives all damages.
- Children: If there is a spouse and children, the compensation is shared between them.
- Parents: If there is no spouse or children, the parents may recover damages.
- Estate: If none of the above apply, the compensation goes to the deceased’s estate.
It’s crucial to have an experienced attorney guide you through this process to ensure the claim is filed correctly and all eligible beneficiaries are considered.
Types of Damages in a Wrongful Death Case
Compensation in a Kentucky wrongful death case aims to address both the economic and non-economic losses resulting from the death. Some common types of damages include:
- Medical Expenses: Costs incurred for medical care before the loved one’s passing.
- Funeral and Burial Costs: Reimbursement for reasonable funeral and burial expenses.
- Loss of Financial Support: Compensation for the income the deceased would have provided to their family.
- Loss of Companionship or Loss of Consortium: Acknowledges the emotional toll of losing a loved one in certain circumstances (e.g. a surviving spouse or minor child).
- Punitive Damages: In rare cases, these may be awarded to punish egregious negligence or intentional misconduct.
Kentucky’s Statute of Limitations for Wrongful Death Claims
In Kentucky, the statute of limitations for wrongful death claims is generally one year from the date of death (KRS § 413.180). However, if the personal representative has not been appointed immediately after death, the clock begins running from the date of appointment, but this cannot exceed two years from the date of death.
Failure to file a lawsuit within this timeframe could result in losing the right to seek compensation, making it vital to consult an attorney as soon as possible.
Why Choose Brett H. Oppenheimer, PLLC?
Navigating a wrongful death case is emotionally and legally complex. Brett H. Oppenheimer, PLLC, provides compassionate and experienced representation to families across Kentucky. Here’s what sets this law firm apart:
- Personalized Attention: Brett H. Oppenheimer understands the emotional challenges of wrongful death cases and provides compassionate, individualized support for each client.
- Proven Track Record: With decades of experience in personal injury law, the firm has secured significant settlements and verdicts for Kentucky families. See our reviews!
- Thorough Investigation: The team conducts comprehensive investigations to gather evidence, consult with experts, and build a strong case for maximum compensation.
- No Fees Unless You Win: The firm works on a contingency fee basis, meaning you owe nothing unless compensation is recovered.
How Brett H. Oppenheimer, PLLC, Can Help
If you’ve lost a loved one due to someone else’s negligence, you don’t have to face this overwhelming situation alone. Brett H. Oppenheimer, PLLC, is here to help you pursue justice and secure the financial resources you need to rebuild your life.
The firm is committed to holding negligent parties accountable, ensuring your family’s future is protected. To schedule a free consultation, contact Brett H. Oppenheimer, PLLC, today. Dealing with the loss of a loved one is never easy, but taking legal action can help bring closure and financial stability. With Brett H. Oppenheimer, PLLC, you can trust that your case is in the hands of an attorney who genuinely cares about your family’s well-being.