If someone you know or someone you love in Louisville, KY, has died due to someone else’s negligence, it may be a case of wrongful death. A wrongful death attorney can advise you as to what steps you should take.
What Constitutes Wrongful Death in Kentucky?
For a death to be legally considered wrongful, it must result from negligence, recklessness, an intentional act, or a defective product.
Negligence
Negligence is, legally speaking, the failure to take the care that a reasonable person would take in a situation, such as distracted driving leading to a car accident. To prove negligence, it must be shown that the defendant owed a duty of care to the victim, breached that duty, and that the breach directly caused the death.
Recklessness
Recklessness is the willful disregard of a significant risk to the welfare of others, far beyond how a reasonable person would act in that circumstance. It indicates that the person at fault is aware of the risk but deliberately disregards it and continues with their action anyway, such as with drunk driving.
Intentional Acts
An intentional act is a voluntary action done with the purpose of causing a certain result, for example, murder or assault leading to death. The key legal question is whether the person knew what they were doing and intended for that action to inflict harm or cause death.
Defective Products
Defective products refer to any products that malfunction and cause a fatal injury as a result.
Considerations in Wrongful Death Claims
Engaged in a Felony
If the person who died was taking part in a felony at the time of the incident, a wrongful death claim may not be permitted.
Comparative Fault
In Kentucky, the pure comparative negligence rule applies. This means that if the deceased is determined to be partially at fault for the incident that led to their death, any damages awarded as compensation to the victim’s family or the estate may be reduced by the percentage of fault.
Statute of Limitations
In Kentucky, the statute of limitations for filing a wrongful death lawsuit is usually one year from the date of death or from when the cause of death is discovered. There may be exceptions in certain cases, such as in cases involving minors or delayed discovery of the cause.
Who Can Bring a Wrongful Death Claim?
A wrongful death claim is usually filed by the personal representative of the deceased’s estate, acting on behalf of the surviving family members. This would include the spouse of the deceased, their children, or their parents (if the deceased is not an adult or if they have no spouse or children).
Consult with a Wrongful Death Attorney in Louisville, KY
If you suspect that a wrongful death has occurred, it is wise to get the legal perspective of attorney who is familiar with the law regulating wrongful death claims. Most attorneys provide a free initial consultation, allowing you to share the details of your case so they can assess it and advise you on your legal options.
If circumstances make you think a wrongful death has occurred, reach out to the Winton & Hiestand Law Group, PLLC, in Louisville, KY, to discuss the details of the case.
