Kentucky Wrongful Death Lawyer

Kentucky's Wrongful Death Law

The Commonwealth of Kentucky civil statutes defines a wrongful death as the death of a person caused by the negligence or wrongful act of another.

Wrongful death is a legal concept that allows certain family members or representatives of a deceased person to bring a legal claim against the party responsible for the death. In Kentucky, wrongful death laws allow certain family members to seek compensation for the loss of their loved one due to the negligence or misconduct of another party.

To bring a wrongful death claim in Kentucky, the following elements must be present:

• The death of a person was caused by the wrongful act, neglect or default of another party.
• The surviving family members have suffered monetary injury as a result of the death.
• The surviving family members have a legal representative appointed as the personal representative of the deceased person's estate

In Kentucky, the following family members may bring a wrongful death claim:

• The surviving spouse, children or grandchildren of the deceased person
• The surviving parents or siblings of the deceased person, if there are no surviving spouse or children
• The personal representative of the deceased person's estate, if there are no surviving family members
• In a wrongful death claim, family members may be entitled to compensation for a variety of losses including:

Medical expenses related to the injury that led to the death

• Funeral and burial expenses
• Loss of income, benefits and support from the deceased person
• Loss of companionship, guidance, and protection of the deceased person

The statutes of limitation for wrongful death claim in Kentucky is one year after the date of death, it's important to consult with a wrongful death lawsuit attorney as soon as possible to ensure that your claim is filed within the time frame allowed by law.

The law allows for compensation to be recovered from the individual or business that caused an untimely death, or whose agent caused the death, through a lawsuit. These lawsuits can arise from fatal injuries in a wide range of situations including a:

• Car accident
• Pedestrian accident
• Nursing home neglect
• Fall on an unsafe property
• Construction accident
• Medical malpractice
• Motorcycle accident
• Defective or dangerous consumer product
• Physical assault

Wrongful Deaths We Are Going After

The death of a spouse, child or other family member in an accident caused by others’ carelessness or neglect of safety causes enduring pain and longing. The initial overwhelming emotions of grief and sadness may turn into anger and indignation about a preventable loss and more practical concerns about how to run the household and meet the monthly bills without a loved one’s support.

Our wrongful death firm has been fighting for injured people and bereaved families in Louisville, Lexington and throughout north central Kentucky for more than 30 years. We have established a strong record of negotiating top-dollar settlements for people who have suffered serious losses including the loss of loved ones in wrongful death accidents.

A wrongful death case can be settled if the insurer is willing to accept liability. When an insurer refuses to agree to a just settlement, we won’t take “No” as the last word. With our client’s consent, the Becker Law Office works to pursue justice for our client in a Kentucky court. Our approach means clients have the representation of both skilled negotiators and courtroom-tested trial attorneys

Call to learn how Becker Law Office can assist with your legal needs. A consultation is always free. The Becker Law Office has helped thousands of Kentuckians receive the help they need.

• Car Accident
• Trucking Accident
• Dog Bite
• Nursing Home
• Motorcycle Accident
• Pedestrian
• Product Liability Broad
• Slip and Fall Accident
• Workers Comp

Common Wrongful Deaths Causes

• Death From Car Accident
• Death From Trucking Accident
• Death From Dog Bite Accident
• Nursing Home Abuse Negligent Death
• Death From Motorcycle Accident
• Car Hitting Pedestrian Death Accident
• Death From Slip and Fall Accident

For example, a driver who causes a fatal crash that takes the life of another motorist may be held financially liable in a wrongful death case, which could be pursued with the help of a skilled Kentucky lawyer.

Who Can File a Wrongful Death Lawsuit?

In Kentucky, the personal representative of the individual who died, typically the executor of the deceased’s estate, files a wrongful death lawsuit on behalf of surviving family members. The personal representative is typically a spouse or nearest living relative.

Any amount recovered through a claim is distributed to the kin of the deceased, as specified by law:

• If the person killed leaves a spouse and no children or grandchildren, Kentucky law specifies that any money recovered through a lawsuit goes to the spouse after payment of funeral expenses, remaining medical bills, court costs and legal fees.
• If the deceased individual left a spouse and children, then the spouse receives half the amount recovered and the children receive half the amount.
• If the deceased left a child or children but no spouse, then the child or children receive the whole amount recovered.
• If the deceased did not have a spouse or children, then the deceased’s parents share in the recovery.
• If the deceased did not leave a spouse, child or parent, then the amount recovered becomes part of the deceased’s estate to be distributed to more distant relatives, according to Kentucky law.

Kentucky law is very specific about who can file a wrongful death claim and how much time is allowed to bring a claim—therefore, our knowledgeable attorneys at Becker Law Office can review the specifics of your case and discuss your legal options to hold the wrongdoer accountable. We can help you understand your rights to a recovery and how any monetary award would be distributed in accordance with Kentucky law.

Recoverable Damages

The types of compensation that can be sought in a wrongful death claim include:

• Medical care expenses
• Funeral expenses
• Compensation for Injuries Suffered Prior to Death – If a victim lived for a period of time after an injury before dying, compensation may be sought for the pain and suffering experienced during this period.
• Lost Income—Compensation may be sought for the income your loved one would have earned over their lifetime if they had not been killed in a fatal accident.
• Punitive Damages—Kentucky law allows punitive damages to be sought in special cases in which intentional acts such as an assault or gross negligence led to the death. The intent of punitive damages is the punish the wrongdoer and signal that such wrongful conduct is outrageous and intolerable in a civilized society.

Kentucky does not limit the amount that a jury may award in these cases. Most clients who have lost a loved one would prefer to avoid going through a courtroom trial if possible. They would prefer to regain financial stability and move ahead with their lives.

At Becker Law Office, we make every effort to reach an out-of-court settlement for our clients. That avoids the stress and uncertainty of a jury trial. If the opposing insurance company is unwilling to agree to a just settlement, it may be appropriate to proceed to court to demand justice. Our Kentucky lawyers could work to reach a wrongful death settlement even as trial preparations are underway. Some insurance companies do not get serious about reaching settlements until a trial is about to start.

If your case goes to trial, you will have the nationally known trial attorneys at Bubalo Law PLC fighting for justice for you, when trial experience matters most.

Legal Options for Surviving Family Members

The surviving spouse and children may file claims separate from the wrongful death action, seeking damages for the loss of their deceased loved one’s love and affection.

The statute of limitations in Kentucky for filing loss of consortium claims is one year from the date of death. The time limit for minor children to file a claim is one year after their 18thbirthday.

Call a Kentucky Wrongful Death Attorney

If you have lost a loved one and you believe another person’s carelessness or negligence caused the death, you should have a compassionate and tenacious Kentucky wrongful death lawyer review the details. It’s important to understand whether you have a valid claim. It should not cost you anything to determine whether you have a legitimate case.

At Becker Law Office, our attorneys handle these cases on a contingency fee basis. There are no upfront costs for the client. In fact, we only receive a legal fee if we are successful in obtaining compensation for you through a settlement or jury award in a legal matter.

A contingency fee agreement allows families going through difficult situations to obtain experienced legal representation without having to come up with money out of pocket to hire an attorney. We understand that you do not need added financial stress during this difficult time.