Louisville Wrongful Death Due to a Car or Truck Accident Lawyer
The death of a loved one due to a car or truck accident can be devastating, and the emotional and financial burden can be overwhelming. If someone else’s negligence caused the accident, the surviving family members might qualify to file a wrongful death lawsuit for compensation. In such cases, having an experienced Louisville wrongful death accident lawyer on your side is the best way to seek justice and compensation for the losses you and your family endured. Contact Sampson Law Firm today at (502) 584-5050for a free initial legal consultation for more information.
What Is a Wrongful Death in Louisville, KY?
In Louisville, Kentucky, wrongful death is defined as the death of an individual caused by injuries from another’s negligent or wrongful act. This means that someone else’s negligence or wrongdoing is responsible for the victim’s death. In these cases, surviving family members may be entitled to seek financial compensation for the losses they suffered as a result of their loved one’s death.
Who Can File a Wrongful Death Lawsuit?
According to Kentucky law, wrongful death claims can only be brought by the personal representative of the deceased’s estate. This person is ideally named in the deceased’s will, and if not, the court will appoint a personal representative. The order of priority for the court-appointed representative is as follows: the surviving spouse, parents of the deceased, or an adult child. In cases where the deceased does not have a surviving spouse, children, or parents, the court will appoint a more remote relative as a representative.
What Are Common Causes of Wrongful Death in Car and Truck Accidents?
In Louisville, KY, there are many ways that a car or truck accident can lead to a wrongful death. Some of the most common causes of fatal automobile accidents include:
- Distracted driving: Distracted driving is one of the most common causes of wrongful death in car and truck accidents. When drivers are distracted by a cell phone or other activities, they may take their eyes and focus off the road and fail to notice potential hazards.
- Speeding: Going above the speed limit increases the chances of a crash and can result in fatal injuries in the event of an accident.
- Drunk driving: If a drunk driver causes an accident that leads to a wrongful death, they can be held responsible.
- Reckless driving: Reckless driving can lead to fatal crashes and includes weaving in and out of lanes, tailgating, and driving aggressively.
- Commercial truck accidents: If the truck driver was negligent or mechanical problems with the truck led to a fatal accident, the company, truck manufacturer, or maintenance service could be held liable for any wrongful deaths caused by the accident.
- Mechanical failure: Faulty brakes, worn-out tires, and other mechanical failures can contribute to a fatal accident. In some cases, vehicle or part manufacturers may be found liable for a mechanical failure that leads to a wrongful death.
What Compensation Can Be Recovered in a Louisville Wrongful Death Lawsuit?
A Louisville wrongful death lawyer can help families recover monetary damages for the following:
- Funeral and burial costs
- Medical bills relating to the accident leading up until the time of death
- Estate administration costs
- Deceased’s pain and suffering
- Loss of the decedent’s company, support, love, care, and guidance
- Lost inheritance and future earnings of the deceased
What Constitutes a Wrongful Death?
For a death to be deemed a wrongful death in Louisville, KY, there must be evidence to prove four distinct factors. First, the plaintiff must prove that another party acted in a negligent or wrongful way. This could include anything from a drunk driver who caused an accident to a medical professional who made an error. Hazardous work conditions or another type of negligence could lead to wrongful death.
Second, the plaintiff must establish that this negligent or wrongful act led to injuries, meaning that the deceased suffered physical, emotional, or psychological harm due to another person’s negligence. It must also be proven that these injuries led to the deceased’s death.
Finally, the plaintiff must establish that the deceased’s death resulted in losses, including financial loss. If these four elements exist, the personal representative could pursue a wrongful death claim. If the deceased died due to injuries from a defective product, the laws of product liability would apply, rather than those of negligence. The responsible party should be held liable for these losses.
If your loved one suffered a wrongful death in Louisville, KY, speak with an experienced attorney as soon as possible who can help you understand your rights and work toward justice on your family’s behalf.
How a Louisville Wrongful Death Lawyer Can Help
A Louisville wrongful death lawyer can provide invaluable assistance to surviving family members in the wake of a fatal car or truck accident caused by another driver. With their knowledge and experience, they can help you pursue financial compensation for your family’s losses resulting from your loved one’s death. In addition, a car and truck accident wrongful death attorney in Louisville can assist with filing a wrongful death lawsuit against the responsible party, provide guidance on all relevant legal matters, and diligently try to negotiate a fair settlement for the losses you have suffered.
Car and Truck Accident Wrongful Death Lawyers in Louisville, KY
At Sampson Law Firm, our experienced attorneys are skilled at helping families of those killed in car and truck accidents recover money from those responsible for their losses. We understand the pain of losing a loved one and know that no amount of money can make up for your loss.
We are committed to providing personalized legal counsel and support throughout your case. We will thoroughly review the facts of your case, collect evidence, interview witnesses, and use our extensive legal knowledge to fight for justice and a fair outcome. You can rely on us to handle all aspects of your claim, from negotiations with insurance companies to pursuing necessary compensation from liable parties.
If you have lost a loved one due to someone else’s wrongdoing, contact Sampson Law Firm today at (502) 584-5050 for a free consultation with one of our experienced car or truck accident wrongful death attorneys in Louisville, KY.