Louisville Wrongful Death Attorney
Experiencing the loss of a loved one can be devastating, to say the least. When you feel it was due to an act of negligence or recklessness by another, however, the journey can be especially difficult.
Our Louisville wrongful death lawyers understand the emotional distress the sudden loss of a family member can have on a family. While it’s never possible to adequately compensate for life, our experienced attorneys can help you seek the financial peace of mind that you and your family deserve.
If you believe a loved one as passed due to the negligence or recklessness of another individual or healthcare professional, it is best you consult with experienced, dedicated and trusted Louisville personal injury attorneys. Contact our Kentucky law firm today to receive a free case evaluation. Our wrongful death defense team can help you through this difficult time.
Highly-Regarded and Experienced Louisville Wrongful Death Attorneys
At our firm, our Louisville wrongful death attorneys bring over 55 years of combined experience to help families navigate these difficult times.
We understand that the financial burdens don’t stop after a tragic loss. That’s why we are committed to fighting for the compensation you deserve—whether for medical bills, lost wages, or the long-term impact of losing a loved one. Our successful case results speak for themselves: we secured a $770,000 settlement for a Kentucky family after a fatal head-on collision.
Let us stand by your side. We offer compassionate, tireless legal support, and we don’t get paid unless we win your case. Call today for a free consultation—together, we’ll pursue justice and accountability.
Louisville Wrongful Death Resources:
- What Is a “Wrongful Death” in Louisville, Kentucky?
- What Are Common Causes of Wrongful Deaths?
- Who Can Pursue a Wrongful Death Case in Kentucky?
- What Damages Can Be Recovered in a Louisville Wrongful Death Lawsuit?
- What Is The Statute of Limitations to File a Wrongful Death Claim in Kentucky?
- How Long Can Wrongful Death Cases Take in Kentucky?
- How Much Does a Wrongful Death Attorney Charge?
What is a ‘Wrongful Death’ in Louisville, Kentucky?
In Kentucky, a “wrongful death” is any death that results from an injury the “negligence or wrongful act of another” inflicts. A wrongful death claim could arise after a car accident, medical malpractice, slip and fall injury, dangerous drug, defective medical device or product, homicide, or other scenario causing a fatal injury. When someone else causes the death of a loved one in Kentucky, surviving family members have the right to seek financial recovery through the civil court system.
What Are Common Causes of Wrongful Deaths?
While sudden deaths of loved ones can occur, there are certain activities that lead to untimely deaths more than others. Negligent actions can make activities that are already dangerous more dire. When negligent actions and dangerous activities occur, the results can be catastrophic.
Automotive Accidents
Automotive accidents are a leading cause of wrongful deaths in the United States. Car accidents, motorcycle accidents and truck accidents are frequent contributors to wrongful deaths. Accidents involving automotive vehicles result in more than 38,000 deaths per year.
An already dangerous activity like operating an automotive vehicle can become even more dangerous when an individual is operating an automobile in unsafe or negligent conditions. Some of these conditions include:
- Distracted driving
- Reckless driving
- Texting and driving
- Operating a vehicle under the influence of drugs or alcohol
- Tired driving
Any driver that operates a vehicle under any of the conditions outlined above can contribute to a dangerous driving environment. If you believe negligence or unsafe driving techniques lead to the death of a loved one, contact our attorneys.
Medical Malpractice
Surgeries can provide benefits and potentially offer life-saving benefits to patients in need of medical treatment. They can also result in serious injuries or death if performed improperly. Medical malpractice accidents can occur from fatigue, inadequate experience, anesthesia errors, infections and errors.
If a medical professional makes a mistake or is negligent in their actions during a surgical procedure, the surviving members of the deceased loved one may have recourse to recoup what damages from the accident.
Defective Products
Most consumers never expect a purchased product to lead to serious injury or death. Individuals that purchase products expect them to work and perform properly and in a safe manner. When a product is defective, the results can cause grave injuries.
Who Can Pursue a Wrongful Death Case in Kentucky?
Not just anyone who knew or loved the deceased person is eligible for compensation for negligence in Kentucky. If you are not someone listed in the state’s wrongful death laws, you will not receive damages. If you are, you must use a personal representative of the estate to file a claim on your behalf. The state’s wrongful death statute restricts who may recover damages after a loved one’s death – due to negligence – to only certain surviving family members, in the following order:
- Surviving spouse
- Surviving spouse and children (courts will split compensation down the middle)
- Surviving children (if no surviving spouse exists)
- Mother and/or father of the deceased
- The estate
The courts will give all or a portion of the compensation to the plaintiff depending on the type of survivors in existence. For example, if a mother and father both file for the wrongful death of a child, the courts will award them each one half of the compensation award. If only a mother survives, she will receive all of the award.
If the deceased person has no surviving spouse, children, or parents, the whole amount of compensation will go to the payment of debts, and then pass to the decedent’s family members, such as siblings. If you qualify for compensation, you must use a personal representative to file the claim. The courts will assign one (it can be family member) if the decedent did not name one in a will or estate plan.
What Damages Can Be Recovered in a Louisville Wrongful Death Lawsuit?
Wrongful death results in different damages than ordinary personal injury claims. The Kentucky courts allow recovery for both the decedent’s losses and the surviving family members’ losses. The decedent’s damages are similar to those he or she might have been able to seek recovery for had the incident not resulted in death. These can include the deceased person’s medical bills, lost wages, property damage, and pain and suffering up till the time of death. Additional compensation for family members can include damages such as:
- Funeral and burial costs
- Attorney’s fees and court costs
- Mental anguish
- Loss of the decedent’s company, support, love, care, and guidance
- Lost inheritance and future earnings of the deceased
What Is The Statute of Limitations to File a Wrongful Death Claim in Kentucky?
As with every other state in the country, Kentucky has specific laws in place dictating how long individuals have to file wrongful death lawsuits. However, Kentucky has two separate deadlines in place that individuals and the personal representative of the estate need to be aware of.
- One Year. In Kentucky, the deadline for filing a wrongful death lawsuit is one year from the date that the deceased’s personal representative is appointed, or
- Two Years. If the personal representative is appointed more than one year after the date of death, then the Kentucky wrongful death statute of limitations is two years from the date of death.
It is crucial for the estate of the deceased to file these claims on time. Failing to file a wrongful death claim within the proper time limit will result in the estate and the surviving family members becoming unable to recover any compensation for their losses.
In addition to the wrongful death statute of limitations set forth under Kentucky law, we must also keep insurance carrier deadlines in mind. Most wrongful death claims in Kentucky will be resolved through settlements with insurance carriers.
However, insurance carriers also have their own deadlines in place when it comes to reporting claims. If you know that there will be an insurance carrier involved in the case, we encourage you to at least report the death to them as soon as possible. You do not need to go into much detail when you make an initial report. All they need to know is that the death occurred and your contact information. You can let an insurance carrier know that you have obtained legal assistance, and any further communication needs to go through your legal counsel.
How Long Can Wrongful Death Cases Take in Kentucky?
There is no set amount of time that it takes a wrongful death claim in Kentucky to conclude. There are various factors that go into how long it takes for these claims to commence, go through the entire litigation process, and reach a settlement or jury verdict.
The vast majority of wrongful death claims in Louisville, Kentucky, are resolved through settlements with insurance carriers. When settlements occur, this typically means they happen faster than an overall lawsuit would take if it went to court. However, the timeframe for settlement negotiations can still be drawn out for a year or more. In the event the at-fault party still refuses to offer a fair settlement, or if they deny the claim, it may be necessary to file a civil wrongful death lawsuit and take the claim to court.
When a case officially goes through the court system, it will begin with the discovery process. This is when both sides, the plaintiff and the defendant, will exchange information with one another. Investigation into the incident will continue, as will negotiations towards a fair settlement. If the two sides can still not reach an agreement, it will be necessary to take the case to a jury. Jury trials for a wrongful death claim often do not take place for years after the initial incident occurs.
How Much Does a Wrongful Death Attorney Charge?
Most wrongful death attorneys in Kentucky work on a contingency fee basis, meaning you don’t pay anything upfront and only owe legal fees if they win your case.
The typical contingency fee ranges from 25% to 40% of the final settlement, with most fees falling around 33%.
This structure ensures families can afford legal representation—regardless of income—while maximizing the compensation they recover.
By working with a skilled attorney, families often secure more compensation than they would on their own.
Schedule a Free Consultation with Our Fatal Accident Lawyers
There is currently no cap on the amount of compensation a family or personal representative can receive for wrongful death in Kentucky. If you lost a loved one in a Kentucky car crash, using one of our Louisville accident lawyers to bring your lawsuit for you will help you get maximum compensation for the irretrievable loss of life.
Contact our Louisville wrongful death lawyers within one year of the date of your loved one’s death (statute of limitations) to discuss the possibility of a wrongful death lawsuit. We are compassionate lawyers who want the best for your family during a dark time. Let us help you after a devastating fatal accident in Kentucky.