Wrongful Death
There is nothing in life harder than the death of someone you love. We feel a tremendous sense of responsibility to the families we represent in wrongful death cases. Clients rely on us to provide answers about what happened, to hold responsible parties accountable, and to help them find a way forward financially.
It takes special care to represent someone who is grieving. We explain things carefully and understand that we will likely need to go over important information more than once. It is important that the person who has lost a husband, wife, child, or parent be kept informed and included in decisions in a way that is compassionate, respectful, and patient.
What is wrongful death?
Wrongful death is a legal term for a death caused by the negligent or wrongful act of another. A wrongful death claim can result from any negligent or wrongful act, including a car accident, work accident, assault, other criminal act, animal attack, medical malpractice, or nursing home abuse or neglect. Wrongful death can be caused by unsafe conditions on a premises or by a defective or unsafe product. The loss of life makes a wrongful death claim different from a personal injury claim in that there are specific rules about who can make the claim, what damages (losses) can be considered, and how the money recovered is distributed. The time limit to bring a claim (statute of limitations) is affected by the death and probate process and should be carefully reviewed by an attorney. See KRS 411.130.
How can Crocker Law Firm help?
We investigate every case in order to determine and prove what happened, and to evaluate every party who might have contributed to the loss and every claim that can be made.
When a death has occurred the investigation has a second important purpose. The survivors have a profound need to know what happened.
To prove the case and provide you with answers, our investigations often include these steps:
- Scene investigations with an accident reconstructionist
- Expert examination of vehicles involved, including motor vehicle data recording devices
- Witness interviews
- Discovery of surveillance video or recording by bystanders
- Review of relevant records, including driver’s cell phone records, driving logs (in a commercial trucking case), and employment records
We also help you by taking over tasks which can be overwhelming to someone who is grieving, such as:
- Dealing with the insurance companies and all of the paperwork
- Setting up the estate and appointment of a personal representative
- Reviewing life insurance and other accidental death benefits that might exist
- Procuring benefits available for funeral and burial expenses
- Making the strongest case we can to get you the best settlement or judgment possible
What losses can I claim in a wrongful death case?
Damages that can be claimed after a death may include:
- Medical expenses
- Funeral expenses
- Loss of earning
- Loss of Consortium
- Punitive Damages
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