Paducah Wrongful Death Attorneys
Putting Your Family First
One of the most challenging events a family can ever experience is the loss of a loved one. We know that dealing with the death of a beloved family member is painful, emotional, and exhausting, which is why our Paducah wrongful death attorneys want to offer our legal services. If you lost a loved one in an accident you believe was caused by negligence, Katz Law wants to hear about it. The thought of filing a lawsuit and pursuing justice may seem overwhelming, but our team is here to handle the details and investigation while you focus on grieving with your family. We’ve helped countless families pick up the pieces of their lives and move forward through loyal support and fierce advocacy. We strive to understand your needs and goals, and then pursue them relentlessly until we achieve them. Our team is on the side of the people, and we’re not afraid to hold large companies and entities responsible for their wrongdoing.
Common Types of Wrongful Death Cases
A wrongful death claim exists if an individual died as a result of another party’s negligence, and the goal is to recover damages for the surviving family that has been financially impacted by the death.
Common accidents that can result in deaths include:
- Car accidents: Car accidents are the leading cause of injury in the United States, and they also cause thousands of fatalities each year. Most car accidents are caused by driver negligence and include reckless driving, distracted driving, and driving under the influence.
- Workplace accidents: Though some industries are more dangerous than others, like the river industry, the construction industry, and other blue-collar work, the reality is that anyone can be killed in an accident that occurs on the job. Premises liability claims can also be wrongful death claims.
- Water-related accidents: Kentucky has numerous lakes and rivers that are utilized for both commercial and recreational purposes, so water-related accidents are not uncommon. We have handled numerous wrongful death injuries that occurred due to drowning, explosion, and crush injuries in and around boats, towboats, harbors, marinas, locks, dams, power plants, personal watercrafts, or while jet skiing.
Who Can File for Wrongful Death?
In the state of Kentucky, not all family members are eligible to file wrongful death claims on behalf of the deceased. According to state law, only a court-appointed representative of the deceased person’s estate can file a wrongful death action. This representative is appointed by the court and is typically an immediate family member of the deceased, like a spouse or adult child.
Generally, any compensation recovered in a wrongful death claim is distributed among family members of the deceased. Kentucky, however, has very specific laws as to how this compensation is distributed. According to Kentucky law compensation is awarded in the following way:
- If the deceased has a surviving spouse and children: Compensation is split between the spouse and children
- If the deceased has a surviving spouse, but no children: All compensation will go to the spouse
- If the deceased has no spouse, but children: All compensation will go to the children
- If the deceased has no spouse or children: All compensation will go to the parents
- If the deceased has no spouse, children or parents: All compensation will go to the decedent's estate.
What is the Statute of Limitations?
Each state has its own statute of limitations for personal injury cases, or the amount of time victims have to file a claim and recover damages. The applicable statute of limitations for a wrongful death claim depends upon the underlying body of law upon which the claim is based. Therefore, for a Jones Act and General Maritime Law Claim, the statute of limitations is three (3) years. If the death arises due to an automobile accident, Kentucky’s two (2) years statute of limitation generally applies, although a claim for loss of consortium must be filed in one (1) year from the date of injury. If the wrongful death arises from a premises liability claim, the statute of limitations is one (1) year. Due to these differences, it is vitally important to get started on your claim and hire Katz Law as soon as possible. Don’t miss out on your chance to recover what is rightfully yours.
Damages Our Team Can Recover
Though hiring a lawyer may be the last thing on your mind right now, it’s crucial to do so in order to provide a more stable financial future for your family. An experienced law firm can help you file a claim so you can recover damages, including economic and non-economic damages.
Economic damages include the financial support your loved one would have provided had they lived, while non-economic damages compensate families for things that aren’t quite as tangible, like companionship, love, and affection. You also may be drowning in debt from the medical bills that were incurred due to the accident, as well as funeral and burial costs. Our team can secure the compensation you’re entitled to so you don’t have to worry about your finances. We’re here to help you and secure your future.
Extremely professional- Ben V.
Impressive courtroom skills- Michael S.
Thank you!- Former Client
The best lawyer in Paducah!- Shea B.
Highly Recommend!- Janie M.