If you have lost a loved one because of someone else’s negligence or other wrongful behavior, you may have a claim for wrongful death. To find out if you have a valid claim you need to contact an attorney right away, since there are time limitations on these claims.
What Is A Wrongful Death Claim?
In Kentucky, a case for Wrongful Death can be brought against any person whose negligence or other wrongful conduct caused the death of another person. If the case is successful the family of the deceased can generally recover money damages for the lost earning potential of the deceased, the pain and suffering of the deceased prior to their death, and the loss of the affection and companionship of the deceased. Also, if the person who caused the death was willful or grossly negligent additional punitive damages can be recovered in some cases.
Who Can Bring A Wrongful Death Claim?
To bring these claims you have to be able to act as a representative for the deceased. Most often this will be the executor or administrator of the estate of the deceased. Any money recovered from a suit for Wrongful Death usually goes to the family of the deceased.
How Long Do I Have To File Suit?
This is one of the few areas of law where the Statute of Limitations varies slightly from case to case. For that reason, Hurst & Hurst reminds you that this is not actually legal advice, rather it is information intended to assist you in determining if you should hire an attorney.
The general rule is that you have one (1) year after the executor of the estate is appointed for the deceased to file a suit for Wrongful Death. You will need to speak to an attorney to determine exactly how long you have to file your claim.
How We Can Help You With Your Wrongful Death Claim
If you have had a closely related relative that died as a result of someone else's negligence, contact the lawyers at Hurst & Hurst. We can assist you in determining whether you have a valid claim and how much time you have remaining before your claim is barred by the Statute of Limitations.
If you think you have a wrongful death claim or have questions contact an attorney at Hurst & Hurst Law at (859) 209-2101.