Bowling Green Wrongful Death Attorney Seeks Justice for Victims
Skilled Kentucky injury lawyer advocates for surviving family members
My firm, Michael D. Lindsey in Bowling Green, has been fighting for the rights of wrongful death victims and their families since 1992. Whether your loved one died due to a car accident, a medical malpractice incident, a workplace accident, a dangerous consumer product or a property owner’s unsafe premises, I can help you hold the negligent parties accountable. While recovering money damages cannot make up for the loss of a cherished family member, it can bring a degree of closure and promote the process of healing. I represent families throughout Kentucky in wrongful death cases.
Understanding Kentucky law on wrongful death recovery
Any death due in part to another party’s fault can be the basis of a wrongful death suit. Some of the most common Bowling Green wrongful death claims involve:
- Medical malpractice — Botched surgeries, missed or delayed diagnoses and mistakes in prescribing medications have all led to wrongful deaths. I fight for the loved ones of patients who lost their lives due to negligence by healthcare professionals.
- Workplace accidents — Workers compensation benefits are available for an employee who dies due to an occupational accident or disease. In addition, a third party that contributed to the cause of death may be liable for greater damages. I investigate and pursue everyone who is potentially responsible.
- Motor vehicle accidents — Damages can be recovered for deaths due to automobile negligence just as though the victim had survived. There is no cap on damages, which can include the victim’s pain and suffering prior to death.
- Product liability — If a consumer product causes death, the manufacturer, seller and other parties in the chain of distribution may be liable for damages in proportion with their respective negligence.
- Premises liability — A property owner is liable when failure to maintain the premises in a reasonably safe condition and contributes to an injury or death. I pursue damages in the aftermath of fatal accidents on residential or commercial premises.
While comparative negligence on the part of the deceased will be taken into account in a wrongful death suit, there is still recovery available for the percentage of fault attributable to another party. However, time is of the essence in wrongful death cases. The lawsuit must be filed within one year of the person’s death.
Pursuing the full range of damages recoverable for loss of loved ones
In Kentucky, a wrongful death lawsuit can be brought only by the personal representative of the deceased person’s estate, such as the executor or administrator. However, state law directs that any damages recovered be paid out to surviving spouses, children and sometimes parents according to an apportionment formula. The damages recoverable are of these types:
- Economic damages — These damages are meant to reimburse families for their out-of-pocket expenses, like funeral expenses and medical costs associated with end-of-life care and lifesaving efforts in behalf of the deceased. The damages also include compensation for loss of the loved one’s future wages and other forms of income.
- Noneconomic damages — The law recognizes the right to compensation for injuries that can be difficult to value financially though they are no less profound. Examples are pain and suffering, mental anguish and loss of companionship or intimate relationships.
Punitive damages may also be sought in situations where the deceased person’s death was caused by an intentional act or by gross negligence. There is no cap on punitive damages in Kentucky.
Contact an experienced Kentucky personal injury firm for a free initial consultation
The pain of losing a loved one is incomparable, but a wrongful death action can help bring families a sense of justice. I will fight for the full compensation to which you and the deceased’s estate are entitled. To set up your free initial consultation at my Bowling Green office, call Michael D. Lindsey at 270-282-4710 or contact me online.