If you or your family has suffered a loss at the hands of another, then contact an attorney, who will fight to obtain monetary compensation for this loss. We cannot bring back your loved one, but we can make those responsible pay through civil proceedings. Let our team fight for your family!
In Kentucky, a wrongful death claim must be filed within one year of the date on which the decedent died.
We don't get paid unless you get paid. *Our fee and reimbursement is contingent on you receiving settlement or successful verdict, at which time our "Contingency Fee" is collected from said funds.
Be mindful that some attorneys charge greater Contingency Fees than what we at The Mims Firm, PSC charge, so don't be afraid to ask questions. Our standard Contingency Fee is 33 & 1/3 % of your settlement pre-litigation or 40% if litigation is entered.
*Our Contingency fee is related to obtaining damages for pain and suffering in your personal injury cases and hourly charges may be charged for services outside this scope of representation.
A "Wrongful Death" in Kentucky is defined as "the death of a person (that) results from an injury inflicted by the negligence or wrongful act of another." An injury that causes death may be inflicted by the negligence or wrongful act of another human being or by an entity like a corporation.
In Kentucky, your families time to make a claim for Wrongful Death is likely limited to one year from the date of incident, but before the claim can be adequately filed the probate court must name or appoint a personal representative for the deceased person's estate. The personal representative is then responsible for bringing the wrongful death claim to court.
Many times in the instances where a Wrongful Death occurs (DUI, Intentional Acts, reckless driving...) there may be both a criminal and civil proceeding. Our firm will prosecute the civil case, in which liability is expressed solely in terms of money damages. A criminal case is filed by the state or local prosecutor, and guilt is punished with jail or prison time, fines, probation, or other penalties. IEven if a criminal case is filed, however, the personal representative must file a separate wrongful death case in order to obtain damages for the wrongful death.
Although the personal representative must file the wrongful death claim in Kentucky, damages in the wrongful death case are distributed not only to the estate, but also to certain family members who survive the deceased person.
Types of incidents that could lead to a claim for Wrongful Death, include, but are not limited to the following:
Car accidents caused by a negligent, reckless, or impaired drivers and resulting in death;
Nursing home patient abuse or neglect resulting in death;
Product malfunction or product liability resulting in death;
A reckless or careless act (gun safety);
An unprotected poorly maintained or secured swimming pool; and
Medical malpractice resulting in death.