How to find a Wrongful Death Attorney in Kentucky
July 31, 2024
Losing a loved one can be an overwhelming experience, especially when the conditions surrounding that person’s death could have been avoided. For this reason, states have created laws to help support the rights of the families of individuals who died due to another person’s or company’s neglect.
Although wrongful death and injury lawyers are in each state, every state has a different set of parameters that define what a wrongful death is. In this article, we’ll explore how the state of Kentucky defines wrongful death and the actions Kentuckians can take in cases of such tragedy.
How is “Wrongful Death” Defined in Kentucky?
According to Justia, “A Kentucky wrongful death action may be brought when the death of a person results from an injury inflicted by negligence or wrongful act of someone else. Punitive damages may be available if the act was willful or the negligence gross.” Additionally, if the victim was a minor, their parents could potentially collect on damages from loss of affection and companionship.
Is Wrongful Death the Same as Negligence?
While wrongful death can be defined as being caused by a negligent act, negligence isn’t the only legal grounds to file a wrongful death case.
What is Wrongful Death Action in Law?
A wrongful death action is considered a civil action that can be brought to the courts by family, dependents, or representatives of a person or persons who died as a result of another person’s action. In most cases, the person the lawsuit is brought against is also facing criminal charges for the action that resulted in the victim’s death.
However, according to Cornell Law School, “even if the person is not found guilty of a criminal charge, the person may be found liable for the wrongful death action because it has a lower burden of proof.”
Is it Hard to Win a Wrongful Death Lawsuit?
As with most lawsuits, whether or not someone “wins” a wrongful death lawsuit is dependent on the evidence brought forth to the courts. It’s essential that all parties are given the right to a fair trial, and that includes the defendants in each case.
For this reason, two things are essential when you’re considering bringing a wrongful death action to the courts in Kentucky:
- You document everything in as detailed a way as possible.
- You choose wrongful death attorneys in Kentucky that will work for you and your family.
Documentation is so important as you collect evidence on a wrongful death case. If there were medical bills, doctor visits, hospital stays, try to get hard copies of all these files. The same goes for police reports. Some police reports will include witness statements and information that can help investigators gain more information to help support your case.
On top of documentation and evidence collection, you want to find a wrongful death lawyer that actually cares about your case. But how do you do that?
How to Find a Kentucky Wrongful Death Lawyer That is Right for You
If you’re looking for the best Louisville, KY wrongful death attorneys, or any city in Kentucky for that matter, it’s important to start with research. In order to find the best wrongful injury lawyers near you, it’s important to look into the amount of care and time a wrongful death attorney will take to ensure that your case gets the attention it needs and your rights, as well as the rights of your deceased loved one, are protected throughout the process.
At Hughes & Coleman Injury Lawyers, we strive to get you the maximum recovery for wrongful death lawsuits. We work with each client as though they are a part of our family. We help them collect evidence, make appointments, and help them achieve the best possible results for their cases.
