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Wrongful Death

An Owensboro wrongful death attorney can be the fastest way to recover damages and compensation if your loved one has been killed because of the negligence of another person or entity, whether through a car accident, injury on another person’s property, or another type of personal injury.

What you are feeling right now cannot be put into words. Losing someone you care about creates a feeling of emptiness that is almost indescribable. We cannot claim to help heal the pain, but what we can promise is that we will bring those responsible to justice and recover everything we can while you mourn the passing of your loved one.

As an Owensboro wrongful death attorney, we are a part of the community. We help clients all throughout Western Kentucky. Our experience extends to every facet of personal injury, so no matter how the accident occurred, we have the required experience to win a personal injury lawsuit in your favor.

If we can help, we will. You pay nothing upfront, and we only collect a fee from the damages that we recover.

If your loved one died because of negligence, let us help you.

What is a Wrongful Death Claim?

A wrongful death claim in Kentucky differs from other states, in that damages are calculated and awarded based on economic earning power and not emotional duress or pain and suffering.

It’s not common knowledge, but only the personal representative appointed by the estate can file a wrongful death claim. Just because you are a survivor or a family member does not give you the right to file a wrongful death claim under Kentucky law, certain legal steps must be taken in order to pursue a wrongful death claim. We can help you with this process.

There are also other ways to collect damages in addition to a wrongful death claim, thanks to a couple of Supreme Court decisions that made a loss of consortium claim possible for surviving children or the surviving spouse of the deceased. You can also claim damages for the pain and suffering your loved one experienced prior to their death.

In order to understand exactly what you are entitled to, it is important that you speak to an Owensboro wrongful death attorney immediately. Time is an important factor in filing a claim, so it is important to move quickly and talk with an attorney about the details of your case.

Common Types of Wrongful Death Cases

Most wrongful death claims are brought on by an auto accident, workplace injury, defective products or medical malpractice. 

Below are some of the common types of wrongful death claims.

Auto Accidents

  • Car accidents
  • Semi-truck accidents
  • Motorcycle accidents
  • Hit and run accidents
  • Drunk driving or driving impaired
  • Pedestrian accidents

Medical Malpractice

  • Birth injury
  • Wrong diagnosis
  • Delayed and improper treatment
  • Lack of informed consent
  • Pharmaceutical errors
  • Surgical mistakes
  • Defective medical devices

Workplace Accidents

  • Manufacturing accidents
  • Asbestos and Mesothelioma
  • Barge and towboat accidents
  • Railroad workers accidents

These are by no means meant to be an exhaustive list, but what you should know is we have the experience to help, no matter the situation you are dealing with. 

Let us advocate on your behalf and fight for a recovery.

Learn more about how we can help.

How Much Can Be Recovered for Wrongful Death and Loss of Consortium Lawsuits?

As we discussed earlier, there are specifics in the law that outline who is allowed to file what claim. A wrongful death claim can be brought by the personal representative of the state. A loss of consortium claim can be brought by the surviving children or spouse of the deceased.

The types and amount of recovery you are entitled to can vary greatly. It’s impossible to tell how much compensation you can potentially recover without having a discussion first. If you want to know how much you can expect to receive from your wrongful death or loss of consortium lawsuit, you should call or schedule an appointment to talk with an Owensboro wrongful death attorney.

Here are the common ways losses are typically recovered:

  • Punitive damages
  • Loss of disability benefits
  • Compensation for professional malpractice
  • Compensation for injuries the deceased suffered prior to death
  • Loss of earnings based on the deceased’s life expectancy 

Again, you can learn the specifics after talking to an attorney. It’s important that you do not delay in speaking with a personal injury lawyer about your potential claim. All wrongful death claims have a statute of limitations — a limited amount of time in which an affected party has to bring suit — if they do not file with the court within that time frame, they give up the right to sue. 

For this reason, it’s important to gather all the information you have and talk to an attorney right away.

How An Owensboro Wrongful Death Attorney Helps

Wrongful death cases involve an enormous amount of complexity because they typically involve criminal investigations, the government, and potentially other agencies and businesses as well —  which means a labyrinth of legal issues to navigate through where nearly every side has an attorney or legal team trying to protect their own interests. The only way to move your case forward is to have a fierce advocate fighting on your behalf to get you a winning claim or a cash settlement.

We are in the fight WITH you because we only get paid if we win. Therefore, our goals are 100% aligned. Our #1 goal is to get you the highest recovery possible in the shortest amount of time.

In fact, we take on all the initial costs and you pay absolutely nothing upfront — not even the filing fees associated with the lawsuit. In essence, the risk is all on us because it takes time and money to file a lawsuit in court. If we take your case, we do so because we are certain we will recover damages in your favor.

Ben Byers Law Office has the experience, dedication and persistence to fight hard to get you the recovery you deserve. We will fight tooth and nail to get you an award of damages in your favor as quickly as possible.

If you want to know if your case qualifies for “no win, no fee”, contact us today for an evaluation. 

It costs nothing, is 100% risk-free, and you can do it today.