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What Qualifies as Wrongful Death in Kentucky?

October 22, 2021

When someone’s death is the result of the wrongdoing or negligence of another, the family of the deceased deserves justice for its immeasurable loss. These types of lawsuits, known as wrongful death claims, pursue compensation for the emotional and financial losses of those left behind. These losses can include funeral expenses, lost wages, lost companionship, and more. 

At the Karl Truman Law Office, our experienced wrongful death attorneys understand what a difficult time this is for you and your family. We are committed to helping you pursue the justice you deserve with compassion and dignity.

When Wrongful Death Claims Apply

If your loved one’s death was caused by the negligence or intentional wrongdoing of one or more parties, you may be able to recover damages in a wrongful death lawsuit. Several situations may lead to this happening, including the following:

Motor Vehicle Accidents

If a person dies in a motor vehicle crash, and the person who caused the wreck behaved negligently behind the wheel, such as driving while drunk or distracted, a wrongful death claim may apply. These types of fatal accidents can result from accidents such as:

Dangerous Drugs and Medical Devices

An alarming number of medications and medical devices have been linked to severe complications and death over the years. When these devices and drugs are rushed to market before they have been sufficiently tested, the consequences can be dire. In some cases, the manufacturers of these dangerous products use deceptive marketing to conceal the risks their products pose to the public.

If someone dear to you dies as the result of a dangerous drug or medical device, you may be able to seek compensation in a wrongful death claim.

Nursing Home Abuse and Neglect

When you entrust a family member’s care to a nursing home or other care facility, you expect that the nursing homes will provide adequate and compassionate care. Unfortunately, cases of nursing home abuse have risen in recent years, revealing that negligent or deliberately abusive behavior can happen at even the most highly respected facilities.

When the negligence of a healthcare provider causes injury or wrongful death, the responsible party or parties should be held accountable. Examples of nursing home abuse that can result in death include:

  • Purposeful failure to provide safe conditions and protect residents
  • Purposeful withholding of medication
  • Failure to provide adequate food or water
  • Physical assault
  • Unlawful restraint or imprisonment

Animal Attacks

Nearly five million people are hurt by vicious dogs every year in the United States. Nearly one in five of these attacks require medical attention and roughly 10 percent require hospitalization. Unfortunately, more than 50 percent of dog bite attacks involve children.

Dog owners have a duty to ensure their pets do not inflict harm on others. If a dog owner fails to properly control his or her pet and the animal causes someone’s death, they may be held liable in a wrongful death claim.

Workplace Injuries

The construction industry involves some of the most dangerous work environments in the country. Workers in this field face the risk of countless potentially fatal construction accidents, including falls from heights, electrocution, being struck by objects, or being crushed between objects.

Additionally, laborers such as maritime workers face dangers every day, from dock accidents and on-deck accidents to fire and explosion accidents.

Elements of Wrongful Death Lawsuits

A successful wrongful death lawsuit hinges on proving certain elements, including:

  • The at-fault party failed to act in a reasonably prudent or cautious manner or acted with intent to harm
  • This careless or malicious conduct caused your loved one injury
  • Your loved one died as a result of this injury
  • The loss of your loved one has resulted in financial losses and other damages for you and your family

Wrongful death claims must be filed within the time constraints set forth in the statute of limitations for the state where the person passed away. In Kentucky, the statute of limitations for wrongful death is one year after the victim’s death. A wrongful death claim in Kentucky can be filed by the deceased’s spouse, dependent children, or surviving parents.

Contact a Wrongful Death Lawyer in Louisville

For decades, the wrongful death lawyers at The Karl Truman Law Office have been fighting for the rights of injured people and the surviving family members of those who suffer fatal injuries due to someone else’s wrongdoing or negligence.

See what our clients say about us.

If you believe someone’s negligence led to the death of a family member, please contact the Karl Truman Law Office today online or at (502) 222-2222 for a free initial consultation. Our firm helps families throughout Kentucky, including Louisville and other nearby areas.