Bardstown Wrongful Death Lawyer
Vigorously Fighting for Family Survivors in Nelson County, KY
The loss of a loved one is indescribable for family survivors under any circumstances. However, the emotional devastation can be even more profound when that loss is sudden, unpredictable, and due to someone else’s negligence or misconduct.
A wrongful death leaves you with the grief and heartache of losing the companionship and support of your loved one. It may also deprive you of their financial or household contributions that kept your family afloat.
In such cases, it is crucial to seek legal support and justice through wrongful death claims. At Haydon Blackmon, PLLC, we take this matter very seriously. Attorney Haydon-Blackmon and her team are committed to helping you secure the compensation you deserve for all you have suffered and lost.
While such compensation can never replace your loved one, it can help provide a measure of closure and give your family the financial resources to eventually heal and move forward with security.
Request a free case evaluation with our Bardstown wrongful death attorney at Haydon Blackmon, PLLC by contacting us online or at (502) 490-2214.
What Is a Wrongful Death in Kentucky?
In Kentucky, a wrongful death is defined as a death caused by the wrongful act, neglect, or default of another party. It can include an intentional act, such as a crime. It is treated similarly to personal injury cases where, if the victim had survived, they could have pursued a lawsuit to compensate for their injuries.
The wrongful actions that lead to such a death can stem from a wide array of situations, including car and truck accidents, work injuries, assaults, medical malpractice, and other circumstances in which negligence or wrongdoing caused the fatality to occur.
Who Can Pursue a Wrongful Death Claim in Kentucky?
The wrongful death process typically begins with the personal representative of the deceased’s estate initiating the claim. This representative is often appointed through the deceased’s will or by the court if no will exists.
Once the claim is filed, the recovered damages are distributed to the deceased’s surviving family members according to a statutory ranking. The primary beneficiaries are usually the surviving spouse and children. If the deceased did not have a spouse or children, the parents may receive compensation. Absent these family members, the wrongful death compensation is awarded to the deceased person’s estate.
What Must Be Proven & What is the Standard of Proof for Wrongful Death?
To succeed in a wrongful death claim, it must be proven that the defendant owed a duty of care to the deceased, breached that duty through negligent or wrongful actions, and directly caused the death and resultant damages.
The standard of proof in these civil cases is “preponderance of the evidence,” meaning the evidence shows that it is more likely than not that the defendant’s actions caused the wrongful death.
Types of Compensation Available in Bardstown Wrongful Death Claims
Compensation in a wrongful death claim can cover many types of damages. This includes economic damages such as funeral and burial expenses, medical expenses incurred before death, loss of the deceased’s expected earnings, and loss of benefits like pension plans.
Non-economic damages may address the emotional distress and loss of companionship experienced by surviving family members. “Loss of consortium” is a significant consideration in these cases. It involves the loss of affection, comfort, intimate relations, and emotional support that the deceased person provided, typically between a husband and wife, and may be sought by the surviving spouse.
Punitive damages may also be available if the wrongful act was particularly egregious. These are meant to punish the wrongdoer for their actions.
