Is a Kentucky Wrongful Death Claim Considered a Personal Injury?
A wrongful death claim is a personal injury that ended with the death of the victim. So long as the injured person is alive, he or she can file a personal injury claim based on injuries received because of another’s negligence.
Wrongful Death Claim Based on Negligence
To be able to get compensation in any personal injury claim, the victim must prove that the at-fault person acted negligently and caused the injuries. If those injuries resulted in death, then the proper claim to file is a wrongful death.
To prove negligence, those seeking compensation must prove that the at-fault person failed to operate their vehicle in a manner where others could safely proceed. To determine this, the law looks at the actions of the driver and compares them to the actions of a reasonable driver in the same or similar circumstances. If the driver was not acting in a reasonable manner, then the driver acted negligently and can be sued for compensation for damages.
Who can Sue in a Kentucky Wrongful Death Claim?
When a victim of an accident dies, the surviving family members can sue for their losses stemming from the death of their loved one. The family members are typically minor children, spouse and any adult family members who counted on the deceased for financial support.
Different from a personal injury lawsuit, a wrongful death claim is looked at from the losses by the family and not the victim. This changes what can be sought for in damages by limiting them to losses by the family, but also expanding it to anyone who counted on the deceased for support of some kind.
Damages in a Wrongful Death Claim
Many injuries claimed in a wrongful death are similar to those when the victim lives like pain and suffering, However, others like the loss of nurturing, care and training, which can be claimed by a surviving child, are based on the person being deprived of these for the rest of their life due to the loss of the victim. For example, who is now deprived of these things for the rest of their life. Some of these damages are:
- Outstanding Medical Bills from Victim’s Treatment
- Loss of Financial Support (present and future earnings)
- Loss of Benefits (pensions or medical coverage) Due to Death
- Value of Goods and Services
- Loss of Companionship
- Mental Pain and Anguish of Survivors
- Loss of Care and Nurturing
- Loss of Consortium (deceased’s spouse)
- Punitive Damages (If death was intentional or through gross negligence)
Contact a Louisville Wrongful Death Attorney
The loss of a loved one can be a traumatic event and cause untold grief and anguish. The last thing you need to worry about is finances and money, but unfortunately a wrongful death will negatively impact the financial future of the survivors.
A wrongful death claim can also be a complicated endeavor, and you need someone who is knowledgeable and experienced in these types of claims. Contact us today for a free consultation and case evaluation. You will be connected directly with an attorney.