Lexington Wrongful Death Lawyers
Compassionate strong representation for Lexington families when a loved one dies in an accident
A loss of a spouse, parent, or child affects your heart and your soul. The call from the police officer or someone you know that someone in your family has died is unimaginable. Learning that the death was preventable – that a driver was intoxicated, a driver was speeding, a construction company failed to post warning signs, or other acts of negligence caused the accident – can be too much to bear for one person, or a family, alone. When individuals or companies cause the death of a loved one, you have the right to file a wrongful death claim against the responsible parties.
At Wilt & Associates, PLLC, we understand how crushing it is to lose a loved one; and we are here to provide support throughout this complex process. We know families need to mourn first, and that the legal claim can be handled later. Our Lexington wrongful death lawyers are ready to help you through these troubled times and make sure that you are not on this journey alone. We know no amount of money can replace your loved one; however, securing the maximum recovery possible helps to hold the wrongdoers accountable and helps the family obtain compensation for their losses to properly honor their loved one and move forward.
How can we help?
- What is a wrongful death claim?
- What types of Lexington wrongful death claims do you handle?
- Who are the beneficiaries of a Lexington wrongful death claim?
- What damages are available in a wrongful death claim?
- What is the deadline for filing a Lexington wrongful death claim?
- Do you have a wrongful death attorney near me?
A wrongful death claim is a type of personal injury claim that requires showing that the defendant’s negligence or fault caused the death of your loved one. There are a few key differences between a personal injury claim and a claim on behalf of someone who died:
- Criminal charges. Some Lexington wrongful death claims may also result in criminal charges being filed against the wrongdoer. A common example is when a drunk driver causes the death of your loved one and is charged with a form of homicide. The drunk driver may also be charged with driving under the influence or other driving offenses. Normally, the criminal charges are filed first and handled independent of the personal injury claim. Our Lexington wrongful death lawyers work with the prosecution to facilitate a just verdict and preserve evidence. The conviction or the evidence behind the conviction (such as breath tests) may be helpful in your civil case later.
- Proving fault. Your loved one is not there to testify on their own behalf. However, there are laws to ensure fair play so that your loved one’s claim can be heard, and evidence presented to show how the accident happened.
Almost any type of accident can be fatal if there’s enough force or just a bad sequence of events. Fatal accidents are almost always preventable. If the rules of the road are followed, if safety is prioritized over profit, and if industry standards are met, fatal accidents should be avoidable.
At Wilt & Associates, our Lexington wrongful death lawyers understand how devastating it is to learn a father, mother, son, daughter, or spouse died before their time.
We handle the following types of deadly accident claims:
- Vehicle accidents, including car accidents, truck accidents, motorcycle accidents, Uber & Lyft accidents, bus accidents, and train accidents
- Pedestrian and bicycle accidents
- Premises liability accidents, including slip and fall accidents and negligent security incidents
- Construction accidents
- Medical malpractice, including birth injuries and surgical errors
- Product defects
- Nursing home negligence
Our lawyers work aggressively and thoroughly to investigate how the fatal accident occurred and why it should never have happened.
The state of Kentucky authorizes that wrongful death claim awards will be paid in the following order. If the deceased:
- Is married but has no children, then the surviving spouse is entitled to the full award.
- Is married with children, then one half goes to the surviving spouse and one half to the children.
- Has no surviving spouse but does have children, then the children are entitled to the full award.
- Does not have a surviving spouse or children, the award goes to the parents of the deceased.
- Does not have a surviving spouse, children, or parents, the award goes to the estate of the deceased and distributed in accordance with the terms of his/her will.
Only a personal representative of the estate (either appointed by a will or on approval of a petition with the court) has the authority to file the Lexington wrongful death claim.
Our seasoned Lexington personal injury lawyers can guide you through the appointment of the personal representative and throughout the rest of the case.
In Kentucky, we seek all the damages for a wrongful death that Kentucky law permits. Damages are the financial and personal losses of the family member. Per state statute: “The amount recovered, less funeral expenses and the cost of administration and costs of recovery including attorney fees, not included in the recovery from the defendant, shall be for the benefit of and go to the kindred of the deceased.”
Depending on your circumstances and relationship with your loved one:
- Kentucky law specifically provides that the parents of a minor can claim “for loss of affection and companionship that would have been derived from such child during its minority,” in addition to the other wrongful death damages.
- State law also provides that the spouse can receive loss of consortium Loss of consortium means “the right to the services, assistance, aid, society, companionship and conjugal relationship between husband and wife, or wife and husband.”
Most personal injury claims must be filed within two years from the date of the accident. With wrongful death claims, Kentucky requires they also be filed within those two years and/or one year from the date a personal representative is appointed to the estate. You can read the full statute here. There may be exceptions depending on the type of accident, the defendant, and other factors.
If this all sounds confusing, don’t worry – there’s a simple answer. Contact us as soon as possible. We respect your need to mourn the loss of your loved one, but it does help your claim if we investigate the cause of the accident as soon as possible, especially because your loved one is not here to speak on their own behalf.
The attorneys at Wilt & Associates meet clients and families at our Lexington office located at 196 W. Lowry Lane, Suite 1. We also have a convenient office located in Louisville.
Our team will guide you through each phase of the wrongful death claim process. We answer all your questions. Many wrongful death cases do settle, but we’re always ready to try your case before a jury when necessary to secure justice for your family.
Caring Lexington wrongful death lawyers on your side
It’s hard to imagine moving forward when all you can think about is how much you miss your mom, dad, wife, husband, daughter, or son. At Wilt & Associates, we sympathize and respect your need to grieve. Calmly, assuredly, step-by-step; we’ll explain your rights and pursue your case within the appropriate timeframe. Our Lexington wrongful death lawyers understand we are your loved one’s voice in the pursuit of their recovery. Families who are successful with their claims can then begin the process of continuing their lives and fully healing. Please call 859-263-8818 or complete our contact form to schedule a no-fee consultation.