Lexington Wrongful Death Lawyers

Losing a loved one is never easy, especially when it is sudden or unexpected. Losing someone because of the carelessness or fault of another person can be devastating. Wanting to blame someone else is completely normal after losing a loved one, and in some situations, your blame is entirely warranted. When your loved one is killed because of the fault of another person, you might be able to seek legal recourse.

Did another party’s negligent or wrongful actions cause you to lose a loved one? You could have grounds for a wrongful death lawsuit. You may be eligible to recover both economic and noneconomic damages. The Lexington wrongful death lawyers at Hughes & Coleman Injury Lawyers fight for the rights of our clients who have lost loved ones to another party’s reckless or malicious actions.

Our Lexington personal injury lawyers are conveniently located in Lexington on New Circle Road, next to the Golden Corral. We offer a free consultation and case evaluation to more fully discuss how we can help you get justice for your loved one. To schedule an appointment, call us at 800-800-4600.

There is a hierarchy to who is eligible for wrongful death compensation. Per Kentucky Revised Statutes § 411.130, the hierarchy is as follows:

• The spouse (If the deceased left no children, the spouse receives the entirety of the settlement or award.)
• Children (If the deceased leaves children and a spouse, the children and spouse receive 50 percent each. If there is no spouse, the child or children receive the entirety of the award.)
• Parents (If the deceased left no spouse or children, the parents will receive the entirety of the settlement.)
• The deceased’s personal estate (If there is no spouse, children, or parents, the personal estate will receive the recovery.)

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Once we sit down with you and review your case, we can start tabulating your damages and determine how much your claim is worth. While the specific damages available depend on your relationship to the deceased, many of our wrongful death clients have recovered compensation for some or all of the following damages:

• Loss of guidance and emotional support
• Loss of consortium
• Loss of parental support
• Funeral and burial costs
• Loss of deceased's future income
• Emotional anguish
• Loss of affection and companionship

If another party caused or contributed to the death of your loved one, you might be eligible for wrongful death damages.

Although every wrongful death case is different, they all require the plaintiff to establish three elements. By showing these elements are present in your case, we can help you win the damages you deserve. The components of a successful wrongful death case are as follows:

• Another party caused the death of your loved one;
• The party had a duty of care to your loved one, which it did not uphold;
• You suffered economic or noneconomic losses because of your loved one's death.

Death Caused by Another Party

First, we must establish that another party caused or contributed to the death of your loved one.

Suppose your loved one died in a car accident. If another driver was at fault for the crash, we must show that driver's actions caused or contributed to the death. Or let's say your loved died after an error during surgery. The doctor performing the surgery would be the party on whom we would focus.

The Other Party Failed in Its Obligation

Next, we must show that the party who caused your loved one's death failed to uphold its duty of care to your loved one. This is essential. Just because someone else's actions contributed to the death of your loved one does not always mean that the person is liable for wrongful death damages. For instance, a doctor who made an error during surgery might not be liable for your loved one’s death if the mistake was not preventable.

A duty of care can mean different things in different situations. A doctor has an obligation to provide necessary care to anyone with whom they have a doctor/patient relationship. A motorist must watch out for other drivers on the road.

You Suffered Economic or Noneconomic Losses

Finally, we must show that you suffered economic or noneconomic damages from the death of your loved one. These could range from tangible financial losses, such as the loss of your loved one's future income, to damages that we cannot quantify in exact dollar terms, such as loss of guidance and loss of emotional and parental support.

Wrongful death cases stem from many causes. No matter how your loved one’s death occurred, the Lexington lawyers at Hughes & Coleman Injury Lawyers have the tools, knowledge, and resources necessary to hold those responsible to the highest degree of accountability.

There are a few common causes of wrongful death, including:

Auto Accidents

If a car wreck results in the death of an involved party, that party’s loved ones often have grounds for a wrongful death claim.

Medical Malpractice

When a medical error stems from a doctor's failure to uphold their duty of care, grounds for a wrongful death claim often exist.

Violence

A violent act can lead to wrongful death damages. This is true even if the responsible party is not convicted of any crime in criminal court.

This list is not all inclusive. If your loved one’s death occurred in another way, feel free to reach out to us to see if we might be able to help you.

In Kentucky, you have one year from the time of death to file a wrongful death lawsuit. This time can pass faster than you think. We know you are going through the lot in the wake of the loss of your loved one, but by making time to sit down with one of our Lexington wrongful death lawyers for a free case evaluation, you can seek justice for your loved one and potentially get the compensation you need.