If a loved one has been killed in an accident, you will need an experienced wrongful death attorney to help you with your claim. Matt Troutman of the Troutman Law Office has been a wrongful death lawyer in Louisville, Lexington and throughout the state of Kentucky since 1986. Mr. Troutman has prosecuted thousands of personal injury claims, inlcuding wrongful death claims and he will handle your claim personally from start to finish. You can learn more about Mr. Troutman's philosophy by clicking here.
Are You The Proper Party To File A Wrongful Death Claim On Behalf Of A Lost Loved One?
The 1st thing you have to determine when a loved one is killed through the negligence of another is whether you are the proper representative of the estate to prosecute an action for wrongful death. Obviously, the surviving spouse would be the proper party to represent the estate of the deceased spouse, but if the victim was not married, then the determination of who should be the proper party to present the wrongful death claim becomes more complicated. Call wrongful death lawyer Matt Troutman and he will help you determine if you are the proper party to bring this claim. Normally, the nearest living relative (not the person living closest to the deceased but the one closest family relationship) is the proper party to represent the estate, but frequently there are several relatives with the same level of relationship to the deceased and the proper representative may simply be the first one to file the probate papers requesting appointment as the administrator for the estate. If you believe you are the proper administrator for the estate, then you need to act quickly.
Wrongful Death Claim Must Be Filed By Wrongful Death Lawyer Within One Year From Date Of Death
In Kentucky, you have to file your wrongful death claim within one (1) year from the date of death, and, therefore, it is important that you immediately call wrongful death lawyer, Matt Troutman, directly and get your free case evaluation. Also, if there is more than one person who could possibly serve as the representative of the estate it is important that you be the 1st one to file the proper paperwork with the probate court to establish yourself as the representative of the estate. Again, it is important that you contact wrongful death lawyer Matt Troutman as soon as possible. Call him directly on his cell phone at 502-648-9507.
What Damages can you claim in a wrongful death action? You might be surprised by the answer!
If someone loses their life due to the negligence of another you would think the damages would be very high and the amount of claims extensive. However, when you look at Kentucky law, the damages that you can recover are more limited than you might think.
You can claim medical exoenses in a wrongful death claim, but normally the medical bills are not very high because the person died and not alot of treatment can be offered to one who dies. Any money that you recover for medical bills will likely be used to repay insurance companies who have already paid the bills. Therefore, it is unlikely that you will pocket mauch money for medical expenses.
Pain and Suffering
Pain and suffering is normally the largest item of damage in a personal injury claim but in a wrongful death claim it is frequently zero. In order to recover for pain and suffering you must prove the decedent experienced pain and was aware of it. If your loved one is killed upon impact, then there is likely no claim for pain and suffering. If your loved one survives the accident scene but dies at the hospital, then a pain ans usffering claim exists but it is not valuable because it did not last very long.
The primary element of damage allowed under the Kentucky wrongful death statute is lost income. If your loved one is relatively young at the time of death, then this element of damage can be very large because you are entitled to the income they would have probably earned over their lifetime. There are life tables that will establish the probable lifetime of the decedent and you can multiply those years by the income they were earning at the time of death. In many cases, such as nursing home neglect cases, this claim is not significant because the deceased is elderly and did not have many years to live.
Spousal Loss of Consortium
Loss of consortium is a fancy way of saying loss of companionship. In most personal injury claims, this claim is meaningless, but, in a wrongful death case, this claim can be very valuable. The loss of companionship of a spouse for a significnat period of time is devastating and juries tend to compensate this claim generously. A parent can also make a claim for loss of consortium in the death of a child. Grandparents and other relatives cannot make a claim for loss of consortium in Kentucky.
Punitive damages is an element of damage designed to punish the wrong doer and discourage others from similar behavior. This claim is available in a wrongful death claim where a drunk or texting driver kills someone or in a nursing home neglect case where a patient is left unattended and dies as a result. Frequently, insurance policies for the at fault parties will have an exclusion in the policy for punitive damages and that may make it difficult to collect the punitive damages awarded by a jury.
Who Receives any Monies Collected by the Estate
The administrator for the estate is not necessarily the person to receive the money collected by the estate. The adminstrator is required to distribute the money according to Kentucky law and the law provides that the people most closely related to the deceased receive the monies collected. First would be the spouse, if living, and then the parents, if living and then the borthers and sisters if living and so on.
Take Action Now
If you have lost a loved one in a wrongful death in or near Louisville, Lexington or Covington Kentucky or anywhere in the state of Kentucky, you have legal rights and Mr. Troutman is a wrongful death lawyer that can help you recover compensation for your losses. In order to contact Mr. Troutman, you can complete the contact form on this website by clicking here and submit it to Mr. Troutman or you can call him directly at 502-648-9507. Call today to receive your FREE CONSULTATION and win against the insurance companies.