Losing a family member is a tremendously difficult experience, especially when the loss is the unexpected result of someone else’s careless behavior. For example, neglect and abuse in nursing homes has grown alarmingly widespread throughout the United States, including in Kentucky. Negligence by licensed care facilities can have tragic consequences. However, the family of a deceased person can file a lawsuit against the person or entity responsible for the death. The Kentucky wrongful death lawyers of English, Lucas, Priest & Owsley, LLP have significant experience serving families in Kentucky, including Bowling Green, Franklin, and Owensboro, as well as throughout Tennessee. If you have lost a loved one because of a nursing home’s negligence, we can help you explore your legal options. We will thoroughly investigate any potential claims you may have, and advocate tirelessly on behalf your family.Holding Negligent Nursing Homes Accountable
Under K.R.S. § 411.130, the estate of a person killed by negligence or other wrongful acts can seek damages from the responsible party. This means that, before a wrongful death claim can be filed, the decedent’s family must create an estate, and the court must appoint an estate representative. Once this procedural step is completed, the court-appointed representative files the wrongful death action on behalf of the estate.
In most cases, a wrongful death lawsuit will allege negligence on the part of the nursing home responsible for the decedent’s death. This is not a requirement, however, for the suit can allege any wrongful act.
A wrongful death suit that alleges nursing home negligence will seek to prove four elements:
- The defendant owed the decedent a duty of care;
- The defendant breached that duty of care;
- The decedent’s death was proximately caused by the defendant’s breach;
- The death resulted in damages to the decedent or the decedent’s family members.
Compensation in a wrongful death lawsuit slightly differs from compensation in a typical personal injury case. Family members pursuing a wrongful death lawsuit can seek damages that include medical expenses as well as burial and funeral expenses. Family members can also pursue damages for pain and suffering and emotional distress. In addition, a spouse may elect to seek damages for loss of companionship or consortium. Finally, some plaintiffs may be entitled to punitive damages if the defendant’s behavior warrants punishment according to Kentucky or Tennessee law.Discuss Your Wrongful Death Claim With Experienced Kentucky Lawyers
A grieving family may not necessarily think of filing a lawsuit against a negligent nursing home. However, negligent actors should pay for their wrongful behavior. English, Lucas, Priest & Owsley, LLP is comprised of Kentucky wrongful death attorneys who know how to aggressively protect the rights of Kentucky and Tennessee residents. If you have experienced the loss of a family member because of a nursing home’s negligent conduct, you should not hesitate to take legal action. Take a moment to call (270) 781-6500, or complete our online form to schedule a free consultation.