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wrongful death claims

Kentucky Has One of the Worst US Accidental Death Rates

December 26, 2024/in Wrongful Death

Accidents are a leading cause of death in Kentucky. Though many are the victims’ fault, there are accidents caused by others that could be the basis of a wrongful death case. These cases can provide compensation and accountability for a victim’s next of kin.

Satterley & Kelley, PLLC’s team of compassionate attorneys understands the stress and grief you’re going through. We will be sensitive to your situation as we help you hold negligent parties accountable for your loved one’s death. Call our Louisville office toll-free at 855-385-9532.

What is a Wrongful Death Case?

A wrongful death case can be brought against a party who played a role in causing a family member’s death. They may have intentionally or negligently injured them, and that injury leads to their death, which may result weeks or months later.

The person filing a wrongful death claim is the executor or administrator of the deceased’s estate. The proceeds go to their next of kin, as described by state statute.

After an estate retains us, we will thoroughly investigate what led to the person’s death and who may be responsible. Based on the evidence we find and applicable Kentucky law, we may file a negligence claim against those who caused the death.

A negligence claim would require the estate, the plaintiff, the party filing the legal claim to establish by a preponderance of the evidence (it’s more likely than not what you allege is true) the following:

  • Because of the relationship between the deceased and the defendant (the party sued), they owed the deceased a legal obligation or duty to do or not do something given the circumstances
  • The defendant failed that obligation or breached that duty
  • That failure or breach is the factual and legal (or proximate) cause of the accident
  • The accident caused an injury that led to the person’s death
  • Under Kentucky law, the defendant must pay the estate damages (a measurement of the family’s injury in dollars)

Some of these elements could be more or less difficult to prove, depending on the evidence we find.

How Common are Fatal Accidents in Kentucky?

Accidents are the third leading cause of death after heart disease and cancer as of 2022, according to the federal Centers for Disease Control and Prevention (CDC). Kentucky had 91.5 accidental deaths that year for every 100,000 people who live here, totaling 4,193 fatalities.

That rates us as having the fifth highest accidental death rate of the 50 states plus the District of Columbia. The state with the lowest number is Hawaii, whose accident death rate is less than half of Kentucky’s (40.9). The state with the worst rate is West Virginia at 121.6.

What are the Most Common Fatal Accidents in Kentucky?

Many of the most common causes of death could be related to another party’s negligence or intentional act. Data from 2018, according to the Kentucky Injury Prevention and Research Center at the University of Kentucky College of Public Health, show the following overall percentages for the state’s fatal accidents:

  1. Poisoning 34% (1,319)
  2. Firearm 19% (719)
  3. Motor vehicle accidents 16% (626)
  4. Fall 8% (316)
  5. Suffocation 7% (288)
  6. Not specified 6% (215)
  7. Other 5% (182)
  8. Fire 2% (74)
  9. Drowning 1% (56)
  10. Cuts or piercing 1% (46)

The most common causes of accident death vary by age group:

  • For those up to 24 years old, the top cause of accident death is motor vehicle accidents
  • From 25 to 64 years old, the most common is poisoning
  • Falls are the top accidental fatality cause for those 65 and older
  • Motor vehicle accidents are the second most common unintentional cause of death for residents 25 to 64 years old
  • Firearm accidents are the third leading cause of accident death for those 12 to 64 years old

More Kentuckians died of accidental causes in 2022 than the number of lives lost by strokes and diabetes combined.

How Can Negligence or Intentional Acts Play a Role in These Deaths?

Many things can go wrong and lead to an accidental death:

  • A poisoning may be caused by something that was mislabeled
  • A person can be accidentally or intentionally shot by another
  • Multiple parties could cause a motor vehicle accident
  • Slippery or uneven surfaces can lead to a fatal fall
  • Building fires can be accidentally started by faulty wiring
  • A child could drown in a swimming pool because they’re not supervised

A critical part of our job representing you is finding how and why your loved one died and who might have caused the accident.

Consult with a Kentucky Wrongful Death Attorney Near You

Satterley & Kelley PLLC attorneys have more than 30 years of experience advocating for families mourning the loss of loved ones. We will work diligently to help you recover the compensation you deserve, helping to ease your financial burden during a painful time.

If you’ve lost a loved one, we want to help you get justice. Speak with an attorney from our firm in a free initial consultation. Call our office in Louisville toll-free at 855-385-9532 or reach us online by using our website’s contact form.

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https://www.satterleylaw.com/wp-content/uploads/2020/06/wrongful-death-claims.jpg 563 1000 Paul Kelley /wp-content/uploads/2020/01/logo.png Paul Kelley2024-12-26 07:55:002026-02-11 06:55:01Kentucky Has One of the Worst US Accidental Death Rates

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