London Wrongful Death Lawyer
The London attorneys of the Cessna & George Law Firm work every day to help injury victims who were harmed by the negligence of another recover compensation to help them deal with their medical bills, loss of income, and pain and suffering. Our comprehensive personal injury law practice covers auto, motorcycle and truck accidents, slip and fall, medical malpractice, nursing home negligence, workplace accidents and more.
In the most tragic cases, a person is killed because of another’s negligence or wrongful act, or they are so seriously hurt that they later die from their injuries. In these situations, Kentucky law allows the surviving family members, through the estate of the deceased, to recover compensation for the “wrongful death” of their loved one.
The London wrongful death attorneys of the Cessna & George Law Firm take on these cases so that family members get the financial help they need to make up for the loss of a breadwinner or beloved family member. Through a wrongful death lawsuit, families get valuable financial assistance to help them through a difficult time while also feeling they have achieved some justice for their loved one who was taken from this world through a negligent or wrongful act.
At Cessna & George, our London wrongful death lawyers help families throughout Southeast Kentucky recover compensation for the loss of a loved one due to another’s negligence or wrongful act, including the following fatal accidents:
- Auto Accidents
- Motorcycle Accidents
- Truck Accidents
- Slip and Fall Accidents
- Medical Malpractice/Nursing Home Negligence
- Workplace Accidents
Please call our London office at 606-770-5400 for a no-cost consultation so we can begin to help you through this challenging time.
Kentucky Wrongful Death Law
Kentucky law allows wrongful death actions “whenever the death of a person results from an injury inflicted by the negligence or wrongful act of another.” The personal representative of the estate is the person authorized to file a wrongful death claim. The estate’s personal representative is the person named in the will or appointed by the court to serve as the executor or administrator of the estate.
To be successful in a wrongful death case, the personal representative will have to prove that the defendant was negligent or committed a wrongful act that caused the death. The attorneys at the Cessna & George Law Firm handle personal injury and wrongful death cases every day and know what it takes to prove the other party’s liability and fault in order to recover the full amount of damages applicable to the case. If you are a personal representative or bereaved family member, we can help ensure your lawsuit will be successful and that you receive the right amount of compensation.
In a successful case, the estate will receive reimbursement for funeral expenses and the costs of litigation out of the money recovered. The rest is distributed to the surviving family members in the following order:
- The surviving spouse, if there are no surviving children
- One-half to the spouse and one-half to children, if there are surviving children
- To the children, if there is no surviving spouse
- To the parents, if there is no surviving spouse or children
- To the estate, if there is no surviving spouse, children or parents
In addition to funeral expenses, damages recoverable in a wrongful death case represent the harm that has befallen the surviving family members because of the fatality. For instance, parents can recover for the loss of affection and companionship after the loss of a minor child, or a spouse can recover for the loss of “consortium” after the death of a husband or wife. Kentucky law defines consortium as “the right to the services, assistance, aid, society, companionship and conjugal relationship between husband and wife.” It can be difficult to put a dollar value on these kinds of harm; our skilled and experienced wrongful death attorneys can help ensure that any settlement or jury verdict is valuable and appropriate.
Kentucky’s wrongful death law also allows the plaintiffs to recover punitive damages if the defendant’s actions were willful or if the death was the result of “gross negligence.” Punitive damages are meant to punish the defendant for extreme conduct and can be several times greater than the other damages awarded in the case.
Finally, if a person was injured in an accident and then later died from the injuries, the estate might be able to bring both a personal injury claim and a wrongful death claim together in the same lawsuit. The wrongful death claim seeks the damages described above, while the personal injury claim seeks damages such as the accident victim’s medical expenses, loss of income or future earnings, and pain and suffering. By bringing both types of claims together, we can help maximize the compensation for the family and hold the negligent defendant as fully accountable as possible for the harm they have caused. Our lawyers are experienced and successful in both personal injury and wrongful death claims and would like the opportunity to help you with your claims.
Cessna & George Attorneys Are Here for You After Wrongful Death in London, Kentucky
If you lost a family member due to another’s negligence or wrongful act in London or surrounding communities in Southeast Kentucky, call Cessna & George at 606-770-5400. We’ll take the time to find out what happened and help you get justice and compensation after the death of your loved one.
