The death of a loved one is never easy to handle for any family. When this tragedy occurs due to the negligence of others, the process of filing wrongful death claims in Kentucky can be the most difficult process anybody can go through. Understanding the legal facts about wrongful death claims and how an ethical Kentucky attorney can help a family with this process will provide insight on how to proceed.
Understanding Wrongful Death Claims in Kentucky
According to The State of Kentucky Statutes - section 411.130, "wrongful death" is defined as the death of an individual resulting from an injury that was inflicted by the wrongful act of another personal. The statutes continue to state that the wrongful behavior that can cause death can be unintentional; which can include recklessness, negligence, or intentional acts including assault.
Some of these acts are caused by individuals or an entity - such as a corporation or organization. An example of this could be where a wrongful death claim is caused due to a car accident. The claim may be filed against the individual driver who was found at fault or in some cases; filed against a company that manufactured, sold or installed a product that lead to the accident.
Who is entitled to File Wrongful Death Claims in Kentucky?
Prior to a wrongful death claim being filed, the probate court in Kentucky counties must first appoint a personal representative for the estate of an individual who has passed. This personal representative (typically a wrongful death attorney in Kentucky) will then be responsible for introducing this claim to the court system.
This type of litigation is considered to be a civil case; where liability is determined to provide monetary compensation - and not criminal responsibility. Criminal cases have different burdens of proof than a civil suit for wrongful death; however, in some cases, discovery evidence can be used in both cases.
How a Wrongful Death Attorney in Kentucky can assist
According to the State of Kentucky, any wrongful death claim must be filed and supported by a personal representative who will ensure the estate of the deceased is handled professionally and ethically. Working with an experienced and passionate attorney in Kentucky who has extensive experience in filing wrongful death claims in Kentucky will minimize mistakes and ensure those liable for a wrongful death of a family member are held financially accountable.