Losing a loved one is probably the hardest thing anyone will go through in their life. It is especially tragic when your loved one was lost in a preventable accident. Not only have you lost your family member, but you also lost the person you depended on for financial support. In a situation like this, you might be wondering if you can bring a lawsuit against the deceased’s employer for wrongful death.
Who can bring a wrongful death suit?
Kentucky law specifies that only the executor of the deceased’s estate can bring a wrongful death suit. Most states have similar rules. The executor brings the suit for the benefit of the family of the deceased, beginning with the widow and children.
In other words, if the executor is successful in their suit, the widow and children of the deceased will receive the money first. If the deceased didn’t have a spouse or children, then the recovery will go to their parents. If there are no living parents, then the recovery will go into the deceased’s estate.
What does a wrongful death suit entail?
In order to be successful in a wrongful death suit, the estate’s attorney will have to prove that the deceased’s employer was negligent, and that the negligence caused the deceased’s death.
Being a longshoreman is a dangerous job, and many things could go wrong. Your loved one was likely working with dangerous equipment, driving vehicles and moving heavy crates.
But if your loved one’s employer wasn’t taking reasonable precautions to create a safe work environment, and your loved one was killed as a result, then there’s a good chance that you might be able to win a wrongful death suit.
Nothing will ever be able to make up for the pain of losing a loved one. But a wrongful death suit might be able to help you get back on your feet financially and start to rebuild your life.