In Kentucky, families who have lost a loved due to avoidable circumstances retain the right to file a legal claim. Through wrongful death litigation, they have the option to hold the responsible party accountable for their actions. These proceedings help them acquire compensation for their loss. A Wrongful Death Lawyer answers their questions about filing a claim today.
How the Fatality Occurred
The first requirement is to identify how the fatality occurred. The circumstances that led to the victim’s death must prove avoidable. For example, a fatality produced during an auto accident was avoidable if the responsible party was intoxicated. A fatality connected to a medical malpractice is also deemed avoidable. These circumstances warrant the need for a civil case against the individual who caused the fatality.
A Criminal Case Connected to the Civil Lawsuit
Criminal offenses that lead to death also open the door to civil litigation. The family of the victim files a claim during or after the criminal case has concluded. The results of the criminal case may have some effect on the outcome of the civil case. A conviction for the offense along with evidence from the criminal case provides compelling support for the lawsuit.
Medical Evidence and the Autopsy
The victim’s family needs medical evidence to support their claim. The records for all treatment received for the accident injuries are necessary to provide evidence. The state requires an autopsy for all fatalities that result from auto accidents. The findings of the autopsy present even further evidence to identify the exact cause of the victim’s death.
Expenses and Potential Awards
Medical and funeral expenses are included in the legal claim. Additionally, the family can seek compensation for the loss of financial support. A spouse or minor children may receive an award based on the victim’s lifetime earnings.
In Kentucky, families file civil lawsuits after a wrongful death. The first step in these cases is to prove that the fatality could have been avoided. The circumstances of the event that caused the victim’s death defines this requirement. Families that wish to file a legal claim should contact a Wrongful Death Lawyer by visiting website for additional details now. You can also follow them on Twitter.
