If you lost a loved one because of someone else's negligent or careless action, you may be able to recover damages for the wrongful death of your loved one in an action against the responsible person(s). Kentucky Statute section 411.130 provides that: “Whenever the death of a person results from an injury inflicted by the negligence or wrongful act of another, damages may be recovered for the death from the person who caused it... .”
A wrongful death can be caused in many ways. Examples include:
Damages that can be recovered in a wrongful death case include medical expenses, pain and suffering, funeral expenses, loss of support, and lost future earnings. In some cases, punitive damages can be recovered for gross negligence that causes death.
In Kentucky, it is possible to recover full actual economic losses. Those losses are the deceased person's actual earning capacity times his or her life expectancy. Attorney Bob Blau generally uses William Baldwin, Ph.D., an economist, who was previously associated with Transylvania University, to provide the calculations for lost earnings of a deceased person in a wrongful death lawsuit.
Dr. Baldwin can offer testimony to prove what the full lost earnings are. He uses generally accepted life expectancy tables; government census statistics; and the work history of the person who was killed or, for a minor, projected incomes based on the parents earnings, and other statistics. He relies on accepted economic principles that take into consideration factors such as age, education, work history, and the family's status. He then arrives at a calculation showing the full economic loss suffered.
In death cases, it is also possible to recover for the loss of consortium of a spouse or child. Attorney Bob Blau describes this loss as the loss of the CASSL (castle) of life, which stands for the loss of the Companionship, Assistance, Society, Service, and Love of your spouse or child. These losses can be explained to a jury through the use of a psychiatrist or psychologist.
It is generally accepted in the psychology profession that a child who loses a parent also loses the certainty in life that "everything will be alright," as parents always tell their children. This loss frequently results in severe psychological injury. These children statistically are less likely to marry, because love is uncertain. They also have a higher divorce rate and are more prone to addiction. Thus this claim is very damaging and requires the skill of an attorney like Bob Blau.
The time limit, called a statute of limitations, for filing a wrongful death case is one year from the date of death. That means if an action is not filed within that time, it will not be permitted by the court. Because of that, it is very important to contact an attorney as soon as you are able after losing your loved one. In some cases, this time period may be extended, but It is always better to file early than late
If you and your family suffer the devastating loss of a loved one through someone else's negligence or intentional act. Blau & Kriege serves clients throughout the Northern Kentucky Greater Cincinnati area. We are here to help you and your family. Our office is located right off of I-275 on Alexandria Pike (US 27) just south of NKU in Cold Spring, KY. Learn more about our fees in wrongful death cases and why clients choose us. Contact us for a free consultation to learn your legal options and protect your rights. CALL TODAY: 859-441-5400 or e-mail us at email@example.com