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What is a Wrongful Death Claim?

What Is A Wrongful Death Claim?

September 20, 2018

If a loved one tragically dies after an accident caused by another person’s neglect, their family may have the right to sue the responsible party in what’s called a “wrongful death” claim. A wrongful death lawsuit works in the same way as a personal injury lawsuit, but is filed by surviving members of the family seeking damages that are slightly different than a typical personal injury lawsuit.

If your loved one has been killed by another person’s negligence, for instance in a car accident, don’t hesitate to contact wrongful death lawyer Karl Truman at 502-222-2222 for your complimentary consultation. We will treat you with the respect and compassion you deserve, and will help make the process of filing a wrongful death claim as easy as possible so that you can grieve in peace.

Who Can File A Wrongful Death Claim?

In Kentucky and Indiana, the surviving spouse and any dependent children (including stepchildren and adopted children) can file a wrongful death claim. In limited cases, parents or grandparents may also be able to file a claim. We will review your case and let you know if you are eligible to file a wrongful death lawsuit, and we will also let you know how strong we think your case is.

If you have standing to file a wrongful death claim, you may be able to recover damages including:

  • Cost of funeral and burial
  • Medical expenses your loved one incurred before death
  • Pain and suffering
  • Loss of companionship
  • Lost wages and benefits, if the deceased contributed significantly to household finances

The sudden loss of a loved one causes trauma emotionally and financially. While we cannot help you with the grieving process, we can at least help ease the financial burden of your loss.

Common Causes of Wrongful Death

Wrongful death occurs whenever someone dies as a result of someone else’s negligence. In order to prove wrongful death, it needs to be shown that the other party had a duty of care that they breached which led to the death of the victim.

Some of the most common wrongful death cases include:

  • Car accidents: If a driver was drunk, driving recklessly, or not paying attention on the road, they could be held liable if they caused an accident resulting in the death of someone else.
  • Nursing home abuse: If an elderly resident of a nursing home dies due to abuse or neglect by nursing home staff, the nursing home could be found liable.
  • Defective products: If someone dies due to a defective product, such as an airbag failing to deploy or a medical device that causes injury leading to death, the manufacturer of the defective product may be held liable.

Schedule Your Wrongful Death Consultation

We know that the last thing you want to do after a loved one has just unexpectedly died is call a lawyer. However, it is important to call us as soon as possible so that we can help you the best we can. Expenses surrounding a loved one’s death are often overwhelming, and we can help you recover damages so that you don’t need to worry about money while grieving.

Call Karl Truman today at 502-222-2222 to schedule your complimentary, no-obligation wrongful death consultation. We serve clients in the Louisville and Jeffersonville communities, as well as surrounding areas of Kentucky and Indiana.