What is a Wrongful Death?
When death is caused by an individual’s or a business’s negligent, reckless, or intentional acts (or failure to act), the wrongdoer can be held accountable through a wrongful death lawsuit. Wrongful death cases seek to ensure the family of the victim does not have to shoulder additional financial burdens while grieving the loss of a loved one.
Losing a loved one in an accident is devastating both emotionally and financially. At Rhoads & Rhoads, we cannot erase the pain of a wrongful death, but we can help your family obtain the compensation you need and deserve. Our experienced wrongful death attorneys can help you and your family through the complicated issues surrounding a wrongful death.
Rhoads & Rhoads has been protecting the rights of the injured throughout Western Kentucky for over 39 years. If you have lost a loved one due to the negligence of another person, our team of experienced trial attorneys and knowledgeable support staff are available to help you through this difficult time and get you the financial recovery you deserve.
Common Causes of Wrongful Death
Wrongful death occurs in a variety of contexts, but motor vehicle accidents and medical malpractice are by far the most common incidents of negligence causing death.
Motor Vehicle Accidents cause nearly 700 deaths a year in Kentucky, according to the Highway Loss Data Institute. Drivers have a responsible to drive safely and according to the rules of the road, but unfortunately, thousands of accidents each year are caused by speeding, driving while under the influence, distracted driving, drowsy driving, and driving unsafely for conditions.
Medical Malpractice is responsible for 90,000 deaths a year in the United States. These unnecessary deaths can be caused by negligent acts during surgery, failure to properly diagnose a patient early enough to treat them successfully, drug or medication mix-ups, and many other medical errors committed by doctor, nurses, and other medical professionals.
Wrongful Death Compensation
When a family member dies in a wrongful death accident, the surviving family members may be eligible for compensation. A wrongful death claim can be made after a probate court names a personal representative for the victim’s estate. Once this process is complete, a claim can be made. It is important to consult an attorney right away, as there is a strict statute of limitations on wrongful death cases.
In Kentucky, the estate of the deceased receives the damages for funeral and burial, as well as for costs associated with pursuing the wrongful death claim. Surviving family members receive the remaining damages, which can include:
- Pre-death medical costs;
- Loss of future earnings;
- Loss of services;
- Pain and suffering;
- Loss of companionship.
Damages are awarded to the surviving family members in the following order:
- Surviving spouse with no children will receive full damages.
- Surviving spouse with surviving children will split the damages equally.
- With no surviving spouse, surviving children receive full damages.
- No surviving spouse or children will result in the deceased surviving parent or parents receiving full damages.
- If none of the above individuals are surviving, the damages go to the deceased’s estate.
Rhoads & Rhoads has been protecting families who lost a loved one through a wrongful death accident throughout Western Kentucky for over 39 years. We can’t bring your loved one back, but we can make this difficult time easier financially. Our team of experienced trial attorneys and knowledgeable support staff are available to help you through this difficult time and get your family the financial recovery you deserve.
Owensboro and Madisonville Wrongful Death Lawyers — No Recovery, No Fee
With offices in Owensboro and Madisonville, Rhoads & Rhoads attorneys are available and ready to fight for the families of wrongful death victims throughout Western Kentucky. We offer free initial consultations, and all cases are taken on a contingency fee basis, which mean there is no payment required up front. We get paid only if we win or settle your case, so there is NO RISK involved.
Call us at 888-709-9329 or contact us by e-mail to schedule an appointment with one of our Madisonville or Owensboro personal injury attorneys.