Legal Claim in Case of a Wrongful Death
According to the personal injury attorneys at Alitowski & Moore, wrongful death may occur when a person dies due to the wrongful actions or negligence of another party. The lawsuit for wrongful death may only be filed by the legal executor of the estate of the decedent. The executor usually is one of the immediate family members of the decedent.
Damages can be received only by one of the designated recipients. The executor may file a lawsuit for wrongful death within one to three years following the incident, depending on the state where the suit is filed. Lawsuits for wrongful death are typically handled by personal injury or Kentucky wrongful death lawyers. Materials explaining the responsibilities of wrongful death lawyers can be obtained by contacting the law firm of Alitowski & Moore, 332 W. Broadway Suite 613, Louisville, KY 40202 – 502-582-9100
Wrongful Death Compensation
Any court award or settlement reached in a case of wrongful death goes to the decedent’s estate and may be transferred from one person to another as long as the will permits the executor to do so. Personal injury lawyers can help the victims receive compensation for various issues related to a loved one’s death. These may include cost of medical expenses and hospitalization, costs of funeral, compensation for the pain and suffering sustained by the deceased before death.
Compensation in a case of wrongful death may also be awarded for the losses suffered by the family members or dependants. Such losses may include the emotional loss of companionship, mental agony and pain, loss of deceased’s wages, loss of financial support and parental support. Most state laws, however, do not allow for punitive damages in lawsuits involving wrongful death.
Typical Causes of Wrongful Death
Spurious Drugs: Wrongful death may be caused if the victim consumed defective drugs, while the drug manufacturer knew of the dangerous side effects. Even an FDA approval will not relieve a manufacturer of its liability towards the victim in such a case.
Defective Products: If the manufacturer fails to recognize a dangerous defect in its product, or fails to warn the retailers and consumers of the defect, it may be held liable if a wrongful death is caused due to the product.
Medical Malpractice: A case of incorrect diagnosis or medical negligence leading to the death of a patient may result in a wrongful death lawsuit by the family members of the victim.
Toxic Environmental Exposure: Harmful exposure to toxic substances such as poisonous chemicals may result in serious illnesses leading to the victim’s death. This may be sufficient grounds for a lawsuit for wrongful death.
Auto Accidents: Negligent driving and defective automobiles are the leading causes of wrongful death. In a road accident if the victim dies due to the negligence of another party, it may lead to a wrongful death lawsuit.
Kentucky Wrongful Death Lawyers
For more information about wrongful death contact attorney Andrew Alitowski with the law firm of Alitowski & Moore, 332 W. Broadway Suite 613, Louisville, KY 40202 – 502-582-9100