WRONGFUL DEATH

At Shunnarah Law, we have families, brothers, sisters, sons, daughters, parents, grandparents, husbands and wives. We know how important family is to you, because it is important to us too. Losing a loved one is something no person should have to experience, especially when the loss is a result of someone else’s negligent or reckless, or even intentional actions.  

What is a Wrongful Death case?

When someone dies as a result of the intentional, negligent or reckless actions of another person, damages may be recovered for the death from the person who caused it, or whose agent or servant caused it. If the person acted intentionally, punitive damages may be recovered as well. Typically, a family member is designated as administrator of the decedent’s estate. The Administrator may file the lawsuit on behalf of the estate.

Causes of Wrongful Death:

o Auto Accidents: negligent and drunk drivers

o Medical malpractice: negligence of doctor, or other medical provider, treatment or diagnosis

o SUV Accidents: rollovers

o Van accidents: rollovers

o ATV Accidents: rollovers

o Bus Accidents: negligence of bus drivers and lack of seat belts in school buses

o Boating Accidents: usually involve alcohol, negligent operation, excessive speed

o Drowning: second leading cause of death of children, usually because of negligence

o Toxic poisoning: exposure to hazardous substances

The accidents and issues mentioned above are only a few of the incidents that may cause death and that give rise to a wrongful death lawsuit. Additional causes include slip and falls, motorcycle accidents, trucking accidents, airplane accidents, defective medical devices and criminal acts.
 

What Compensation Can Be Recovered in A Wrongful Death Case?

The law allows a that the estate of the deceased person, and the surviving spouse, parent or child may recover the following in a Wrongful Death case. 

Damages for the estate may include:

o Medical and funeral expenses incurred by the death of the victim

o Pain, suffering and mental anguish caused by the victim’s death

o Loss of future earnings anticipated over the lifetime of the victim

Damages for a family member of the deceased may include:

o Loss of Companionship

o Financial support

o Parental support

o Mental distress

o Emotional pain

o Loss of wages

o Punitive damages may also be awarded if the act was willful, wanton, or malicious.
 

At Shunnarah Law, we understand that no amount of money can ever replace a loved one lost in a fatal accident. In addition, we are well aware that the loss of a loved one also can place serious financial burdens on the surviving family members. If you believe a family member was the victim of wrongful death, it is very important that you contact a wrongful death lawyer as soon as possible. 

The statute of limitations for wrongful death cases varies from state to state. In Kentucky, the statute of limitations for bringing a wrongful death lawsuit is one year from the death or one year from the date the administrator was appointed. In Indiana, the statute of limitations for bringing a wrongful death lawsuit is two years from when the death occurred. As your lawyer, we will need time to gather evidence and file the appropriate paperwork before this deadline lapses.