A person behaves recklessly when he or she consciously disregards a substantial and unjustifiable risk of harm. That behavior would be characterized as a gross deviation from that of the behavior of an ordinary and reasonably prudent person under the same or similar circumstances. Reckless behavior is conduct that is beyond ordinary negligence but short of an intentional act.
A wrongful death lawsuit can be brought when a death results from conduct ranging from mere negligence to a purposeful and intentional act. In fact, nearly all wrongful death cases are brought under the law of negligence. They might range from a surgical error to running a red light, but the common thread in all of such cases is a resulting death that could have been prevented.
Wrongful death cases in Kentucky are ordinarily brought by surviving immediate family members. The case must be filed within two years of the date of the decedent’s death, or not more than one year after a personal representative is appointed by a probate court judge. The sudden and unexpected death of a family member emotionally and financially devastates his or her family. You’ll need guidance and representation for your family’s future. It’s difficult for every family that visits our offices under such circumstances, but we encourage you to speak with us sooner rather than later. You can arrange for a free consultation and case assessment by phoning or emailing us. We’re careful listeners, and we’ll answer your questions. Then, we’ll be pleased to advise you of your full range of legal options. Remember that the sooner that you see us, the sooner the lives of you and your family members will be put back on track.