Can Family Members Sue In An Automobile Accident Lawsuit?
When an automobile accident results in severe injuries for the victim, the family also suffers as well. If the result is a fatality, it can be very difficult for family members to cope with and understand how such a tragedy could have happened. We understand the anger experienced by many family members over the loss caused by another party’s negligent or reckless behavior.
Family members want to seek justice for their loved one by holding the liable party accountable for his or her actions. Our experienced automobile accident attorneys help family members get the compensation they need and deserve when a loved one has been injured or lost in an automobile accident.
Causes of Action for Family Members of the Victim
If your spouse is injured in an automobile accident claim, you may have the right to sue the responsible party for loss of consortium. Loss of consortium is much more than the inability to have intimate relations with your spouse. This cause of action covers other losses including but not limited to the loss of affection, companionship and support.
Loss of consortium is a cause of action available to the spouse; however, filing a lawsuit for this claim allows the other party to ask questions about your sex life. Some people are not comfortable with discussing such intimate details about their relationship but it is important to understand that as the spouse, you have the right to receive compensation from the negligent party too.
Another cause of action available to family members is a wrongful death claim when the automobile accident results in the death of their loved one. When a person is killed as a result of the negligent acts or misconduct of another party, Kentucky wrongful death laws allow family members to sue the responsible party for damages. Examples of the damages recoverable in a wrongful death claim include:
- Funeral and burial expenses
- Medical expenses incurred by the decedent from the accident, if any
- Loss of future earning capacity
- Loss of household services
In some cases, the family members may be entitled to seek punitive damages, another form of compensation, if the death was caused by gross negligence or a willful act. Punitive damages are not available in every case and are dependent upon the specific facts of your case.
Kentucky wrongful death laws specify the family members who may sue for wrongful death as well as how the proceeds from a wrongful death claim will be divided between certain family members.
Dealing with insurance companies and their representatives during a time of extreme emotional distress is difficult. Let us help you during this difficult time by protecting your rights to receive compensation from the party who has caused this tragic situation for your family.
Contact an Experienced Radcliff and Elizabethtown Automobile
Accident Attorney
We’ve Helped Thousands of KY Families, we can help you!
The personal injury attorneys of Musselwhite Meinhart & Staples, PSC have over 50 years of combined legal experience. If you or a loved one has been injured in an automobile accident, we can help you receive the compensation you deserve. We represent clients throughout central Kentucky.
Contact us at our Radcliff and Elizabethtown Office in Hardin County at (270) 351-6032 or at 1-800-754-HELP to schedule a free consultation with one of our attorneys. You may also contact our office through our convenient online contact form.