Medical Malpractice And Personal Injury Trial Attorney

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Wrongful death claims

On Behalf of | Jun 1, 2020 | Mass tort, Personal Injury |

Car accidents can oftentimes lead to tragic results. Some car accidents can lead to severe injuries and property damages, but death is no stranger to these kinds of accidents. Sometimes a person passes away almost instantly after the collision or on their way to the hospital. It is important to know what makes up a wrongful death claim and what can be done after the death.

What to do:

After a fatal car accident, a wrongful claim may be started against the driver that caused the death. To know how to establish a wrongful death claim, the liable party must have been solely responsible of the death in the time of the accident. For this to happen, there must be evidence that the driver was driving above the speed limit, that he or she was violating traffic laws, did not stop at the red light, or was being an aggressive driver. All of this must be established for legal purposes if the victims choose to take the matter up in court.


In the state of Kentucky, the legal system seeks to compensate the surviving family members for their loss and for this to happen, damages are distributed as follows: The family is to receive all expenses related to the funerary services and the remainder of the damages, which is meant to compensate the family for the loss of the family member.

The ones who are a priority in receiving damages are the surviving spouse. If there are children involved, then damages are divided among the spouse and the surviving children in equal parts.