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The unexpected death of a loved one can be devastating to a family. When your loved one was killed as a result of someone else’s carelessness, disregard for safety or intentional act, your grief may be compounded by the knowledge that the death did not have to happen. If you have lost a spouse or child because of the wrongful actions of someone else in Kentucky, you should seek the guidance of a compassionate attorney and learn about your legal options. At the Frank Jenkins Law Office, we understand that no legal action can bring back a lost loved one. But a wrongful death lawsuit can hold the responsible party accountable and prevent others from suffering similar harm.
The Frank Jenkins Law Office in Lexington is committed to the principle that people who have lost a loved one deserve compassion and personalized legal help. Our law firm has represented Kentucky families coping with the loss of spouses and children in wrongful death accidents for more than 20 years. We do not represent clients based on their ability to pay. If your case is the type that we handle, we will offer to represent you on a contingency fee basis. You will not owe us any fee unless we obtain a settlement or verdict on your behalf*. We are strong believers that your income bracket should not determine your access to skilled legal representation. We can help you and your family move forward after the devastation of losing a loved one unexpectedly as a result of negligence.
The time following the unexpected death of a loved one can be a mind-numbing blur of anguish, anger and unanswered questions. You may be facing unanticipated expenses for medical care and the burial of your loved one while trying to adjust to a loss of income to support the household. You should be focused on your family rather than having to deal with legal issues and insurance companies.
If your loved one was killed as a result of another’s negligence in the Lexington area, let our compassionate wrongful death attorney provide trusted guidance. You may have a legal right to seek compensation to cover your medical bills and other losses. Attorney Frank Jenkins and his legal team have handled many wrongful death claims on behalf of surviving family members.
We will investigate the wrongful death accident and identify all the potentially liable parties. In some cases, more than one party may have contributed to a fatal accident. That can increase the insurance policies available to provide compensation.
We will calculate your losses including medical expenses, funeral expenses, lost income and pain and suffering by the victim. We will submit a claim reflecting the full value of your losses to the insurance company representing the at-fault party and negotiate for a just settlement.
We will keep you informed of our progress on your behalf and any settlement offers we receive while respecting your privacy. If the insurance company refuses to agree to a fair settlement, we will be prepared to seek justice in court after consulting with you. In our experience, a wrongful death lawsuit can help a family achieve a sense of closure after a loss.
Wrongful deaths occur in many ways.
A car accident, a drunk driving accident, a medical error, a slip-and-fall accident or a fatal dog attack may be the basis for a wrongful death claim. An unsafe prescription drug that has fatal side effects or a defective medical device that causes a patient’s death may result in a wrongful death action.
Kentucky law (KRS 411.130) states that when an injury inflicted by negligence or wrongful act causes the death of a person, then the personal representative of the deceased may recover damages from the person who caused the death or whose employee or agent caused the fatal injuries.
The damages that can be recovered in a wrongful death case include:
In Kentucky, only certain family members have a right to recover damages for the wrongful death of a loved one. The law says that any money recovered through a wrongful death action shall be distributed to the relatives of the wrongful death victim. In most instances, the surviving spouse and children receive any money recovered through a legal action and the compensation is divided 50/50 between the spouse and children. Parents who have lost a child may also be eligible to file a wrongful death claim.
Kentucky civil statutes allow the family of a person killed in a wrongful death one year from the date of death to file a wrongful death lawsuit.
There are certain circumstances under which the time limit allowed may be extended. But the statute of limitations underscores the importance of contacting an attorney right away to review your legal options and start an investigation.
The legal team at the Frank Jenkins Law Office understands that filing a wrongful death lawsuit is an extremely difficult step for grieving families to take. Even our best efforts cannot restore what our clients have lost. However, we believe that negligence or intentional misconduct that takes the life of another person is intolerable. When another person or business contributes to the death of your loved one, they should be held accountable in a civilized society. We understand that financial compensation can never replace your loss. But a wrongful death lawsuit settlement may restore some security to a family that has lost the income of the accident victim and is facing financial stress. By focusing attention on a problem, it also may prevent others from suffering similar harm.
If you have questions about a loved one’s death and whether you have a wrongful death case, contact a wrongful death attorney today at 859-389-9344 or contact us via email.
*COURT COSTS AND CASE EXPENSES WILL BE THE RESPONSIBILITY OF THE CLIENT.
Since opening his own law office in 1997, Frank Jenkins has dedicated his practice to helping disabled workers and individuals obtain the Social Security Disability benefits to which they are entitled.
The Frank Jenkins Law Office, based in Lexington, has been representing injured people across Kentucky for more than 20 years. Our attorneys are dedicated to helping victims obtain the justice they deserve – and the compensation they need. In fact, Frank Jenkins was voted the people's Favorite Attorney in the Reader's Choice 2014 Lexington Herald-Leader poll.
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Similar Outcome. Each case or claim must be evaluated on its own merits.
Court costs and case expenses will be the responsibility of the client.
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