Protecting Your Rights And Your Future

Understanding A Wrongful Death Claim

Losing a loved one is never easy, but when their death comes at the hands of someone else’s negligent actions, the pain can be particularly difficult. Although no amount of money can replace your family member, you deserve compensation for medical expenses, funeral expenses and lost wages, now and in the future. You also deserve justice for the emotional loss you and your family are going through.

My name is Jay Oakley, and I am the founding attorney at Oakley & Oakley, LLC. With over 15 years of experience as a Kentucky trial attorney, I know how to fight for my clients and their rights. When you hire me, I will handle every aspect of your case personally. Your case will never be handed off to an assistant. I pride myself on open communication and my reputation for success. I have secured and assisted with securing over $25,000,000 in personal injury damages over my career.

Common Wrongful Death Claims

Any personal injury accident could result in a fatality. Certain types of accidents have a higher fatality rate than others, however. Common accidents that result in death include:

  • Motorcycle crashes – due to the vulnerability of riders and the large size difference in vehicles
  • Pedestrian accidents – again, the pedestrian is unprotected from the full impact of a car
  • Trucking accidents – because commercial vehicles cause enormous damage in an accident
  • Automobile crashes – due to the sheer number of regular car accidents every year, a number of them result in a fatality

As stated above, these are just examples of common accidents. A wrongful death claim can come from any fatal accident.

What Does A Wrongful Death Claim Involve?

Under Kentucky law, certain people may bring a wrongful death claim when another person’s negligence or wrongful actions cause a loved one’s death. The legal requirements include the following:

  • Who can bring the claim? – Family members of the deceased do not bring the claim, though they may benefit from the damages collected. The personal representative of the deceased’s estate must file the claim.
  • Who can benefit from the claim? – Beneficiaries follow Kentucky inheritance laws. Therefore, surviving spouses and children are first in line, followed by other heirs and the general estate.
  • What are the damages available? – Wrongful death damages include medical bills, funeral costs, lost earning capacity, loss of consortium and pain and suffering. There is no limit on amounts.
  • What is the time period for bringing the claim? – You must bring your claim within one year after the person’s death or appointment of personal representative.

Although these requirements may feel overwhelming right now, rest assured that I will take on the legal challenges so that you and your family can focus on what is truly important. You do not have to face your claim alone.

I Am Here To Help

You have a limited time period to bring a wrongful death claim, so contact me as soon as possible. I will help you through every step of your case. To schedule your free consultation, please call my Lexington office at 859-286-7980 or fill out my online contact form.