A wrongful or accidental death is a death that has occurred through the wrongful act or negligence of another. A Wrongful Death lawsuit alleges that the individual died as a result of negligence or other liability, and that the surviving dependents or beneficiaries are entitled to collect damages as a result of the defendant's negligent or grossly negligent conduct.
Both Kentucky and Ohio law allows a family to recover damages for the wrongful death of a family member. When someone else causes the death of a family member, the surviving family members may be entitled to bring a Wrongful Death lawsuit. A Wrongful Death case can arise in many different situations: Automobile accidents and motorcycle accidents; medical malpractice; nursing home negligence; and defective products are but a few situations that may lead to a Wrongful Death claim. A defendant can only be held responsible for a wrongful death if the defendant's conduct actually caused the family member's death. The Kentucky Supreme Court recently released a unanimous decision recognizing spousal loss of consortium in Wrongful Death cases. This change allows the spouses of those killed by the negligence of others to seek redress for the loss of companionship provided by a spouse. Prior to this ruling, Kentucky was one of only four sates that failed to recognize spousal loss of consortium in Wrongful Death cases.
Wrongful death laws allow family members to recover for their deceased family member's lost ability to earn wages, funeral and burial expenses and other legal damages including but not limited to:
Loss of Companionship
Past Medical Expenses
Loss of Income
Funeral and Burial Expenses
Loss of Consortium
Loss of Support
Loss of Benefits (pension, medical coverage, etc.)
Loss of Care
Punitive or Exemplary Damages
If you or a loved one have experienced a death in the family that occurred as a result of a wrongful act of another, contact the Law Office of Milton S. Goff, III for aFREE Consultation.
The information contained in these web pages are for general informational purposes only and do not constitute legal advice or a contractual agreement to represent any potential client. The information represents the most current trends in the law and may change at any given period of time. To assure the most accurate information is obtained you should contact an attorney.