After the loss of a loved one, legal claims and insurance paperwork are the last things you should have to deal with. At Brett H. Oppenheimer, PLLC, you can work with a legal advocate who can investigate the circumstances of your loved one’s death, deal with insurance companies, and protect your right to financial damages from the party responsible.
What Damages Can Families of Victims Pursue?
When a person dies at the hands of a negligent, careless, or reckless party, the victim’s surviving family may be able to pursue compensation by filing a wrongful death claim against those responsible. In the state of Kentucky, the personal representative of the deceased person’s estate is responsible for bringing a wrongful death claim to court. Surviving spouses and children or other next of kin should consider a wrongful death lawyer to learn of their rights and options.
Depending on the circumstances, you may be able to recover compensation for the following:
- Funeral and burial expenses
- Reasonable costs of pursuing a wrongful death claim
- Loss of consortium, companionship and guidance
- The decedent’s lost future income
- Emotional distress
- Compensation for the deceased victim’s conscious pain and suffering
Elements of a Valid Wrongful Death Claim
To be successful, generally speaking, a wrongful death claim must include the following elements:
- The death of a human being
- The death was caused by another’s negligence or intent to cause harm
- The surviving family members suffered a monetary loss as a result of the death
Wrongful death claims can stem from numerous situations, including deaths caused by medical malpractice, car accidents, exposure to dangerous substances or hazards in the workplace, intentional criminal acts, dangerous products, or other personal injuries. In some cases, there may be multiple parties who can be held civilly responsible for a person’s death. Attorney Oppenheimer and his team of advocates can work with you to identify the appropriate parties and pursue a course of action that maximizes your chances of securing the compensation you deserve.
Who Can File a Wrongful Death Claim in Kentucky?
According to Kentucky law, the following relations may file a wrongful death claim on behalf of a deceased loved one:
There are some stipulations for each relation to file a claim. For instance, a child of the deceased may only bring a claim if there is no surviving spouse. Likewise, a parent of the deceased may only file a claim if there is no surviving spouse or child. In cases where there is no surviving spouse, child, or parent a representative of the deceased’s estate may file a wrongful death claim, recoverable by the deceased’s next of kin.
Wrongful Death Caused by Medical Malpractice
When individuals place their trust in the abilities of doctors, nurses, hospitals or other medical professionals, they do so with the confidence and expectation that they will treat them to the best of their ability. Unfortunately, doctors, nurses, surgeons, anesthesiologists, and other medical personnel do not always honor this trust and sometimes act in a negligent manner, resulting in the death of patients.
Clients can turn to Attorney Brett Oppenheimer for strong legal representation for medical malpractice-related wrongful death claims caused by the following:
- Surgical errors
- Misdiagnosis or delayed diagnosis
- Medication errors and overdoses
- Birth injuries
- Anesthesia errors
Other wrongful death cases are often caused by more obvious negligent or reckless acts such as motor vehicle accidents or exposure to dangerous products. Brett Oppenheimer has secured over $100 million dollars in settlements and jury verdicts on behalf of injured clients and can counsel you as to how to pursue the most appropriate course of action for your potential claim.
Clients Believe Brett Oppenheimer Is the Right Choice
Without your help & guidance, it would have been unbearable.Mark M.
Honesty & TransparencyChina H.
Brett & Laurie make their client's needs a top priority!Papaw Doug
Respected by His Peers, Loved by His Clients
Over 30 Years of Legal Experience
Personal Involvement From Start to Finish
No Recovery, No Fee