Lexington Wrongful Death Attorneys Deliver Justice for Families
Highly responsive lawyers work tirelessly to bring you closure
The Kentucky Highway Patrol reports that there were 834 traffic fatalities in the commonwealth in 2016. That’s 834 deaths due to negligence. Medical negligence is also a significant cause of wrongful death in Kentucky, accounting for about 30 percent of malpractice damages. If you have lost a loved one due to any type of negligence, you may have standing to sue for wrongful death, and the Banks Law Office, PLLC is ready to help. Our trustworthy attorneys have more than 35 years of combined experience in civil litigation. We understand that no amount of money can ever replace a cherished family member, but a wrongful death action can deliver a measure of justice, get closure for your family, and help with financial losses you’ve suffered.
Who can file a wrongful death claim in Lexington, KY?
Kentucky law allows a representative of a deceased person’s estate to file a wrongful death lawsuit. Those who stand to benefit from a lawsuit are those persons who would inherit from the estate, in the following order:
- Surviving spouse — He or she receives the whole recovery if there are no children or deceased children’s descendants.
- Surviving spouse and children — One-half of the recovery goes to the spouse and the children divide the other half equally.
- Children — If no spouse survives, the children divide the entire recovery equally.
- Parents of the deceased — If there is no surviving spouse, children, or descendants of deceased children, the parents of the deceased divide the recovery.
- Decedent’s estate — If no one from the above mentioned categories survives, the recovery goes to the estate and is distributed to heirs as the law instructs.
The Kentucky statute of limitations requires the lawsuit to be filed within one year of the date of death.
What damages are available in a Kentucky wrongful death claim?
Damages in a Kentucky wrongful death lawsuit are designed to compensate the estate for monetary losses and the surviving family members for a variety of losses. Thus, the estate can recover:
- Funeral and burial expenses
- Medical expenses from the time of the injury event to the date of death
- Reasonable costs of pursuing the wrongful death claim
Surviving family members are permitted to recover economic and noneconomic damages including:
- Loss of financial support
- Loss of companionship
- Loss of care and guidance
- Loss of the value of services
In cases where the decedent did not die immediately from the negligence, there may also be grounds for a survival action, which would enable an estate representative to file a claim for the decedent’s pain and suffering, medical expenses, funeral expenses, lost wages, and other damages caused by the at-fault party.
If the defendant’s conduct in causing the death was willful or grossly negligent, the family may also recover punitive damages. In cases of wrongful death or personal injury in Lexington, our goal is always to maximize the amount of compensation our clients recover.
Contact our Lexington law firm for trustworthy wrongful death representation
The Banks Law Office, PLLC provides skilled and dedicated legal representation for grieving families in wrongful death cases. Our office is conveniently located in Lexington near the intersection of Richmond Road and Man o’ War Boulevard. Call us today at 859-300-3160 or contact our office online to schedule a free consultation.