With the tragedy of losing a loved one unexpectedly, it is difficult to think clearly about filing a wrongful death claim.
The statute of limitations for filing a claim in Covington, Kentucky is one year from the appointment of a personal representative. If one is not appointed within the first year from death, then the time period is two years from the time of death. For a motor vehicle accidental death, the statute of limitations is two years.
The sooner you contact a lawyer to assist you in filing a claim, the better. As time goes on, the recall of evidence becomes more difficult, and it becomes harder for a wrongful death attorney to investigate the circumstances surrounding the death of your loved one.
The process is overwhelming on its own, even more so when you are in a state of mourning. The following is a brief overview of the steps you can expect:
- If your loved one was pursuing a personal injury claim prior to his or her death, there are survivor statutes which allow you to take over the lawsuit in place of the deceased. While this claim is separate from a wrongful death claim, it can be settled or tried together.
- Determine if you are permitted by law to file the wrongful death claim. In Covington, Kentucky, this person is the one designated as the representative of the estate if there is a will. In many cases, this could be a spouse or a surviving child.
If you are the right person to file a claim, your first step should be to contact a wrongful death lawyer. The right lawyer can help you fight the big insurance companies that you will most likely face. In addition, an experienced attorney can help prove that the defendant is responsible for committing a mistake that led to the death of your loved one.
Contact the offices of Paul Dickman for a free consultation.