Wrongful Death
Losing a loved one unexpectedly is traumatic, and the event is more devastating if the death is the result of negligence or misconduct by another person or entity. A fatality that occurs due to someone else's carelessness is considered a wrongful death, and you may be entitled to seek damages from the other party. An experienced wrongful death lawyer will fight for you and help you receive compensation for your loss.
What can cause wrongful death?
- Faulty product design or manufacture
- Ordinary negligence or gross negligence
- Medical malpractice
- Workplace hazards
- Intentional misconduct, such as criminal behavior
What a wrongful death attorney must prove
- Duty of care: A person is responsible for behaving appropriately in a given situation, such as obeying traffic signs and laws while driving.
- Breach of duty of care: A violation occurs when a party fails to uphold the expectations for their actions. An example of this is a person speeding or driving under the influence of alcohol.
- Causation: Proving causation is integral to the outcome of the case. You must demonstrate a direct correlation between the breach of the duty of care and the death.
- Damages: Several factors, including the decedent's age and health at the time of death, affect the damages you can seek. Damages are monetary compensation for the decedent's medical bills prior to death, funeral costs, loss of future income, and mental trauma of the surviving family.
What is the process for a wrongful death claim?
- Hire an Attorney: Hiring a lawyer as quickly as possible after you believe a wrongful death took place is the best first step to take. An attorney is familiar with the laws surrounding wrongful death and can advise you on issues like when to speak to an insurance company or other representative of the defendant.
- Investigation: Your lawyer will investigate the death and use the collected evidence to determine who is liable. After identifying the liable party, your attorney will gather crucial documentation and evidence, such as the death certificate, police reports, witness statements, and any photos or videos of the incident.
- Settlement Negotiation: The next step is for your lawyer to draft a demand letter and send it to the defendant's insurance company. No further action is needed if the insurance company agrees to the amount requested. Unfortunately, this is not common, and after the insurer refuses to pay, your lawyer will file a lawsuit outlining the case details, supporting evidence, and the monetary damages you're seeking.
- Litigation: The litigation phase involves negotiation proceedings with attorneys for both the plaintiff and defendant. If no agreement is reached, the case will go to full trial, during which a jury will issue a verdict and determine the monetary award if applicable.
Why work with nathan D. Williams
Nathan is a Kentucky native and takes great pride in serving his community and fellow Kentuckians. After graduating in the top 15% of his class at the University of Kentucky College of Law, he was a leading defense attorney for some of the world's largest corporations. This experience has given him a unique insight into how the opposing side works, allowing him to represent his current clients better.
In addition to his many other accomplishments, Nathan has been recognized as a Super Lawyer®. Only 5% of attorneys in the United States receive this honor, which entails a rigorous 12-point evaluation process, including recommendations from peers in the legal community.
Wrongful death lawsuit frequently asked questions
How long after the death can I file a wrongful death lawsuit?
We advise you to begin the legal proceedings as quickly as possible following the death of your loved one. The state of Kentucky has a one-year statute of limitations for wrongful death claims, so you must file your suit within one year of the death date.
Who can be held responsible for a wrongful death?
You can file against whoever contributed to the death, including individuals, government agencies, and corporations.
What are my chances of winning the lawsuit?
Every wrongful death case has a unique set of challenges. Your odds of success rely heavily on the evidence you provide and the quality of your attorney.
wrongful death Lawyer Near Campbellsville, KY
The wrongful death lawyer you choose significantly affects your odds of winning your case. Nathan D. Williams has the experience and expertise to represent your interests in court and maintains open communication with his clients to provide support at all phases of the lawsuit.
Contact Nathan D. Williams today to schedule a consultation. Nathan works with clients in the greater Campbellsville, KY, area, including Danville, Somerset, Columbia, Glasgow, Elizabethtown, Bardstown, Springfield, Russell Springs, Cave City, Munfordville, Mt. Washington, KY, and across the state in Taylor, Marion, Larue, Green, Adair, Casey, Hardin, Nelson, Pulaski, Boyle, Barren, Washington, Russell, Cumberland, Hart, Bullitt counties.
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