Wrongful Death Cases for Family Members of Deceased Mesothelioma Victims

If your loved one died of mesothelioma, Satterley & Kelley, PLLC can help your family recover compensation for the death of your family member. These lawsuits are a type of personal injury case filed when the injury is fatal. Given how deadly and aggressive mesothelioma is, unfortunately, they’re common for families suffering from the disease’s impact.

Kentucky law states:

“Whenever the death of a person results from an injury inflicted by the negligence or wrongful act of another, damages may be recovered for the death from the person who caused it, or whose agent or servant caused it. If the act was willful or the negligence gross, punitive damages may be recovered. The action shall be prosecuted by the personal representative of the deceased.”

The statute can be broken down into three parts. The “person” causing the injury can be the company or corporation that created, distributed, or sold the asbestos products the deceased used or their employees or agents responsible for the injury.

1. Person’s Death Due to an Injury Caused by Another

The injury must not only be fatal but also caused by negligence or a wrongful act of another (which can be misconduct, gross negligence, or an intentional act).

The elements of a negligence case are:

• Due to the relationship between the deceased and the defendant (the party sued, and the deceased used the defendant’s product), they owed them a legal obligation or duty to do or not do something given the situation
• The defendant failed that obligation or breached that duty
• That failure or breach is the factual and legal (or proximate) cause of the fatal injury
• The accident caused harm to the deceased and surviving family members
• Under Kentucky law, the defendant must pay the estate and family members damages

In an asbestos case, the defendant may have knowingly sold a dangerous product without a proper warning or instructions or should’ve never sold it because it was so dangerous. Due to the deceased’s use, he was fatally injured.

Gross negligence goes beyond failing to live up to your legal duties. It can be an unreasonably risky act to others, and the defendant ignored others’ rights to be safe.

2. Damages May Be Recovered From the Person Causing the Death or the Agent or Servant who Caused It. Punitive Damages May Result from Intentional Acts or Those Showing Extreme Indifference to the Safety of Others

In a successful wrongful death case, the damages, or the harm to the plaintiff and their survivors measured in dollars, compensate the estate and the surviving family members for their losses.

Those recovering in a wrongful death claim may receive damages for specific wrongs they suffered due to the wrongful death of a loved one. These include:

• Lost earnings caused by the deceased’s premature death
• Funeral expenses
• Compensation for the deceased’s pain and suffering before death
• Medical bills incurred before the death related to the asbestos injury
• Loss of consortium (or the negative impact of a death on relationships) by a minor child or spouse

Kentucky allows for a punitive damages award if an intentional act or gross negligence causes the death. This award isn’t to compensate family members but to punish the defendant for extreme behavior and discourage it and others from taking similar future acts. Asbestos companies found liable for injuries and deaths have been ordered to pay punitive damages in some past cases.

Those getting the damages award after funeral expenses are paid will be in this order:

• The surviving spouse if there are no surviving children
• The surviving spouse would get half, and the other half would go to the surviving children
• The surviving children, if there is no surviving spouse
• The surviving parent(s), if there is no surviving spouse or child
• More remote relatives if there is no surviving spouse, child, or parent

Who will get what depends on the closeness of the relationship to the deceased.

3. The Estate’s Personal Representative Files the Legal Action

Close family members benefit from a wrongful death lawsuit, but the plaintiff is the estate’s personal representative. An estate is a legal entity created to pay the deceased’s bills and taxes. The probate court names the personal representative to be responsible for the estate.

Typically, assets left over are distributed according to the person’s will or state law if there is no will. The wrongful death statute spells out who will be awarded wrongful death case damages and under what situation.

We Can Be Your Trusted Wrongful Death and Mesothelioma Lawyer

Satterley & Kelley PLLC lawyers have more than 30 years of experience advocating for family members involved in wrongful death cases. If you lost a loved one, we can help you obtain justice.

To speak with an attorney from our firm in a free initial consultation, call our Louisville office at 502-589-5600 (toll-free at 855-385-9532). You can also reach us online by filling out our contact form.