What is Wrongful Death?

Wrongful death lawyers might say it’s complicated, but what is “wrongful death” in general, layman’s terms?

Under what circumstances  should you contact a wrongful death lawyer to pursue a law suit? As you can imagine, wrongful death law is  extremely complicated, which is why you specifically seek an experienced and successful wrongful death attorney to discuss your case in the first place.  To begin with … if you feel a loved one died due to the fault of  another person, a company, or harmful environment (such as an exposed, high-voltage wire or violent animal) – even if unintentional – you should simply contact a wrongful death attorney who will discuss your case at no cost. A good attorney will advise whether  you have a case and how to proceed, without putting you a financial risk and while keeping your information completely, 100% confidential (secret) to protect your rights as well as your well-being.

What is Wrongful Death in Legal Terms, and What Damages Can be Recovered by Survivors?

After you begin learning the facts, you apply the facts to the law.  Here are a few things you should know about Kentucky law.

KRS § 411.130 is Kentucky’s “wrongful death” statute.   Pursuant to the statute, in Kentucky, if the acts or omissions of another person or company constitute a substantial factor in causing someone’s death, the deceased’s survivors can assert a claim.  The claim is referred to as a “wrongful death” claim.  The personal representative of the deceased’s estate prosecutes the wrongful death claim, and recovery is distributed according to the statutory framework.

Recoverable “wrongful death” damages include funeral expenses, destruction of deceased’s power to labor and earn money, and the deceased’s pain and suffering.  If the party or parties that caused the death acted with gross negligence, recklessness, or indifference to the safety of others, punitive damages are also recoverable.

In addition to the “wrongful death” claim, certain survivors also possess “loss of consortium” claims.  Parents of deceased minor children, minor children of deceased parents, and surviving spouses are often entitled to recover damages for loss of the deceased’s consortium.  In basic terms, loss of consortium is the loss of the deceased person’s relationship, love, and affection.

Why Talk With DeCamillis & Mattingly About a Wrongful Death Case?

In the United States, over 130,000 people die each year as the result of unintentional injuries.  At DeCamillis & Mattingly, we understand that each of these 130,000 people has a different story.  While we do not “know” what you are going through, we are here to listen.  We cannot bring back a lost child, brother, husband, or mother, but we can fight to right a wrong.

Over the years, dozens of families have trusted our firm to advocate for their loved one.  Our experience ranges from motor vehicle deaths, to electrocutions, explosions, and drownings.

As wrongful death attorneys, our primary goal is answering three fundamental questions: How did this happen?  Who is to blame?  How can we prevent this from happening again?  To answer these questions, you have to first understand the facts.

Our firm knows how to get the facts.  We work with a vast network of experts and begin our investigation immediately.  On by one, we send preservation of evidence letters to any involved individual, company or agency.  As applicable, we immediately collect documents, data, evidence and information including, but not limited to:

  1. Police report, investigative report, police photographs, and police footage from dash and/or body cameras;
  2. 911 dispatch tapes;
  3. Records from EMS and the fire department;
  4. Surveillance footage from any cameras near the scene;
  5. Witness information and statements;
  6. Social media posts;
  7. Media reports;
  8. Scene photographs;
  9. Vehicle, motorcycle, or bicycle photographs;
  10. Measurements;
  11. Background checks of any involved individual or company;
  12. Black box data;
  13. GPS data;
  14. Mobile device data;
  15. Physical evidence;
  16. Insurance information;
  17. Any open records regarding any insurance carrier, company, agency, individual, or entity;
  18. If a trucking company or commercial vehicle is involved, we also collect the documents outlined in Large and Semi-Truck Collisions, and
  19. If a drunk driver causes a collision resulting in death, we also collect the materials outlined in Liquor Liability-Dram Shop.

Your Experienced Wrongful Death Lawyers in Louisville

If someone close to you was killed by the actions, omissions, or negligence of another person, let us help you through this difficult time.  DeCamillis & Mattingly has the experience and expertise to hold the responsible party or parties accountable. 

Contact us today at (502) 589-2822.