Law Office of Milton S. Goff, III

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
• Mental Anguish
• 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
• General Damages
• 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 a FREE Consultation.