Wrongful Death Attorney in Jackson, Kentucky
The loss of a loved one can be a difficult and overwhelming experience. Such a loss can be even more painful if the person's death was caused by a preventable accident. If you believe that the negligent, careless, or wrongful actions of someone else were responsible for the untimely death of a loved one, you may seek fair compensation for your loss by filing a wrongful death action against the liable party.
At the Law Office of Patrick E. O'Neill, PSC, I'm committed to offering experienced legal guidance, support, and dedicated representation to families of wrongful death victims following such an emotional experience. As an experienced Kentucky personal injury attorney, I can thoroughly evaluate and investigate all the surrounding facts of your case and determine how to proceed with your wrongful death claim. I will fight compassionately to protect your rights and help seek fair financial compensation to cover burial and funeral costs, outstanding medical bills, lost income, and loss of consortium.
My firm – Law Office of Patrick E. O'Neill, PSC – proudly represents clients across Jackson, Kentucky, and the surrounding areas of Campton, West Liberty, Booneville, Stanton, and Beattyville.
Why File a Wrongful Death Claim?
Losing a family member prematurely is one of the most heartbreaking incidents anyone can experience in life. Under Kentucky law, a "wrongful death" occurs when "the death of a person results from an injury inflicted by the negligence or wrongful act of another."
No amount of money can be enough to bring back your loved one, or fill the void they left behind. However, getting compensation and justice can help the surviving loved ones of the deceased person to recover financial stability and peace of mind after such an unexpected loss. Filing a wrongful death claim can give the decedent's surviving loved ones a much-needed financial boost to cover medical expenses incurred before the victim's death, burial costs, funeral expenses, lost income/wages, and loss of consortium. Ultimately, a wrongful death claim can help ensure that such an unfortunate incident doesn't occur to another person or family.
What Constitutes Wrongful Death in Kentucky?
According to Kentucky Revised Statutes section 411.130 (1),
"Whenever the death of a person results from an injury inflicted by the negligence or wrongful act of another, damages may be recovered for the death from the person who caused it, or whose agent or servant caused it. If the act was willful or the negligence gross, punitive damages may be recovered. The action shall be prosecuted by the personal representative of the deceased."
In order to establish a wrongful death claim in Kentucky, the plaintiff must show that:
The at-fault party owed a legal duty of care to the deceased person
There was a breach in the legal duty of care
A death occurred
The negligent or wrongful actions of the defendant caused the victim's death
The surviving family members suffered actual damages due to the loss
An experienced personal injury attorney can enlighten you about who can file, the time limit for filing, and how to proceed with your wrongful death claim.
Statute of Limitations
In the Commonwealth of Kentucky, an action to recover damages for wrongful death must be commenced within two years of the date of the victim's death. In some instances, the time limit is only one year.
Who Can File a Wrongful Death Claim in Kentucky?
Under Kentucky law, the personal representative of the decedent's estate must bring the wrongful death claim. In the event that the decedent died intestate – without a valid will – the court will appoint a person to act as the personal representative. The personal representative will recover the damages for the benefit of the surviving family members.
The following damages may be recovered by filing a wrongful death claim:
Medical expenses incurred before the victim's death
Lost wages or income
Lost earning capacity
Lost love or companionship
Lost care, support, guidance, or counsel
Loss of consortium
Punitive damages may further punish the at-fault party if the death was caused by an intentional act or through gross negligence.
Work With an Experienced Wrongful Death Attorney
Losing a family member can be devastating—the loss can affect you financially, emotionally, and mentally. You shouldn't have to face the challenges and financial liability all on your own. Reach out to an experienced wrongful death attorney to help protect your rights and seek fair compensation for your loss.
At the Law Office of Patrick E. O'Neill, PSC, I have the experience and resources to assist and support your family following such an unfortunate incident. As your legal counsel, I can:
Fight compassionately on your behalf to protect your rights and represent your best interests
Review and investigate every detail of your case thoroughly
Gather necessary evidence and required documentation
Help show that the defendant's wrongful actions caused the death
Handle all communications and negotiations with the insurance provider
Seek to negotiate a fair settlement with the insurer
Take additional legal action, where necessary
I will represent you compassionately in your wrongful death case and fight on your behalf so that the responsible parties are held accountable.
Wrongful Death Attorney Serving Jackson, Kentucky
If you have lost a spouse, family member, child, close relative, or parent due to someone else's wrongful act, you may seek fair compensation. Call my firm – the Law Office of Patrick E. O'Neill, PSC – today to schedule a one-on-one consultation. I will provide the experienced legal guidance and strong representation you need to navigate key decisions in your wrongful death claim. My firm proudly represents clients across Jackson, Campton, West Liberty, Booneville, Stanton, Beattyville, and the rest of Kentucky.