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Unfortunately, there are times when someone else’s negligence results in the death of an innocent victim. If your loved one has been killed in an accident that was someone else’s fault, the estate of the deceased has the right to recover for that wrongful death. In Kentucky, recovery for wrongful death is allowed for the lost earning power of the deceased, funeral bills, and medical bills before death If the deceased had conscious pain and suffering prior to passing away, his or her estate can recover for this pain and suffering as well.
Furthermore, depending on the circumstances leading to death, recovery may also be available for punitive damages. Punitive damages are recoverable in cases where the death was the result of an intentional or grossly negligent act. Finally, the surviving spouse and/or minor child or children of the deceased may have a claim for loss of consortium arising out of the death. Wrongful death cases must normally be brought within one year of the death of the decedent. If your loved one passed away due to the negligence of another, call me today so we can pursue the wrongful death action in a timely fashion.