Losing a loved one is a tragic experience that can leave a family emotionally and financially devastated. When a death is caused by someone else's wrongful act or negligence, the pain and suffering can be even greater. In these situations, a wrongful death claim may be filed to seek compensation for the loss of a loved one. 

How to Prove a Wrongful Death Claim 

To file a successful claim, the plaintiff must prove that the death was caused by the defendant's wrongful act or negligence. This can be a challenging process as there are many factors to consider. Some of the evidence that may be used to support a wrongful death claim includes medical records, accident reports, witness statements, and expert testimony. Working with an experienced personal injury attorney is vital to gathering the necessary evidence and navigating the legal process. An attorney can also negotiate with insurance companies or other parties involved in the case to ensure that the plaintiff receives fair compensation. 

Who Can File a Claim? 

In Kentucky, the law regarding who can file a wrongful death claim is different compared to other states. Family members cannot directly file a claim. Instead, it must be filed by the personal representative, also known as the executor, of the deceased person's estate. This person is appointed by the court and is responsible for managing the estate's assets and debts. However, there are certain exceptions where the claim may be filed by the deceased person's surviving spouse, children, or parents. An attorney can review your case and recommend the best course of action for your circumstances. 

What Damages Are Compensated? 

Damages that may be awarded in a wrongful death claim can cover a variety of losses and expenses incurred as a result of the death. These may include medical expenses, funeral and burial expenses, lost wages and benefits, and pain and suffering. In addition, damages may be awarded to compensate for the loss of the deceased person's companionship, guidance, and support. These damages can be particularly important for families who have lost a spouse, parent, or child. 

If you are considering filing a wrongful death claim, it is important to work with a compassionate and experienced attorney who can guide you through the process. Copeland & Romines Law Office, PLLC is a trusted firm serving Corbin, KY, and the surrounding areas. Their attorneys have extensive experience handling sensitive cases and can help you seek the compensation you deserve. Call them today at (606) 523-5100 or visit their website to schedule a consultation.