Wrongful death in Kentucky

Kentucky Wrongful Death Lawyers

Caring counsel in Lexington and Louisville who put families first

Losing a treasured relative is devastating, and when your time of mourning is burdened by the knowledge that your family member died in a preventable accident, your grief may turn to rage. However, you do have legal options. You can take action against the liable party by filing a civil claim against them.

We understand that pursuing such a claim can be intimidating. When you enlist the help of a regarded Kentucky wrongful death lawyer at Wilt Injury Lawyers, we are ready to handle the legal details, so you and your family can focus on grieving your loss without having to worry about covering the costs. Contact us in Lexington or Louisville today to learn more.

Who can file a Kentucky wrongful death claim?

If you are anxious to get started on your wrongful death claim against the person who intentionally or unintentionally caused the death of your loved one, you will first need to be sure that you have the right to do so. Our attorneys can help you determine this.

The state of Kentucky requires that the probate court overseeing the decedent’s estate appoint a personal representative, who will then have the opportunity to file the lawsuit. Generally speaking, this party will be one of the following:

  • A surviving spouse
  • The decedent’s adult child
  • Parents of the deceased

However, if the deceased does not have any of these relatives, the court may appoint a sibling, cousin, or anyone else who may have had an interest in the decedent’s life. If you have concerns over who may be named as the personal representative in your situation, you should speak with your wrongful death attorney as soon as possible.

What types of accidents lead to wrongful death?

Wrongful death can happen from any number of incidents, but more specifically, when a person or entity’s negligence causes injuries so severe they result in someone’s death. Some of the most common accidents that lead to wrongful deaths include:

The personal injury lawyers at Wilt Injury Lawyers launch a full investigation into your loved one’s accident to determine all at-fault parties to ensure they are held accountable for their actions.

How long do I have to file a wrongful death claim in Kentucky?

We mention that you should consult an attorney about who is going to be able to file a wrongful death lawsuit because these types of civil claims come with a strict statute of limitations attached. This refers to the amount of time you have, from the date of the decedent’s passing, to file a lawsuit.

You have one year from the date an administrator had been appointed for the decedent’s estate. You typically have up to one year to appoint an administrator for the estate. As a result, you can have up to two years to bring a wrongful death lawsuit. However, there are many derivatives claims that may have a shorter statute of limitations. Due to the complexities of determining the applicable Statute of Limitations when there has been a death, we strongly recommend you contact done of our attorneys as soon as possible to avoid losing your right to bring a claim for your loved one.

After this deadline, you may attempt to file a lawsuit, but the defense will likely file a petition to dismiss your case based on the statute of limitations having expired, and the judge will have no other option but to grant their request. For this reason, you need to act quickly after your family member has passed away if you hope to be successful with a wrongful death claim.

What’s the difference between a wrongful death claim and a criminal charge?

Clients often ask us if it is necessary to file a wrongful death claim if the responsible party has already been charged with murder or homicide by the state of Kentucky. The answer is almost always yes, because one is a civil action and one is a criminal action. A criminal charge is brought by the state and is intended to determine whether a defendant is innocent or guilty of the crime of which they are accused, and then assign a punishment accordingly.

A civil action, like a wrongful death claim, revolves around negligence and is brought by a representative of the person who lost their life. Here, you are seeking compensation for your family’s and your deceased loved one’s losses in order to hold the responsible person accountable for their poor decisions. Your claim can cover a wide variety of fatal accidents, from car crashes to construction accidents, medical malpractice to hazardous property conditions and beyond. The Kentucky lawyers at Wilt Injury Lawyers can help you with your claim, regardless of whether criminal charges are filed against the responsible party.

What is the value of my wrongful death case?

Wrongful death lawsuits have some very stringent laws associated with them. This includes the types of losses that you can seek in your claim. When we work with you, we demand damages including the following:

  • Loss of guidance and support
  • Loss of companionship and love
  • Lost income and earning potential
  • Pain and suffering
  • Lost household services and care
  • Funeral and burial expenses
  • Attorney and court fees
  • Medical expenses incurred by the deceased

It should be noted that if your claim is a success, expenses accrued by the decedent’s estate will first be paid to the estate, and the remaining amount of the award will be distributed to the surviving family members, starting with the surviving spouse and children, who will split the award evenly. If the decedent had neither children nor a spouse, the remainder of the award will go to the decedent’s parents.

We are happy to explain more about how this works for your specific circumstances in a personal consultation.

Do you have a wrongful death attorney near me?

Wilt Injury Lawyers has offices in Louisville and Lexington:

Louisville Office

13113 Eastpoint Park Blvd. Suite A
Louisville, KY 40223
Phone: 502-253-9110

Lexington Office

196 W. Lowry Lane, Suite 1
Lexington, KY 40503
Phone: 502-461-1481

We are also happy to arrange a phone or video conference if you are unable to come to our offices.

Get help from a Kentucky wrongful death lawyer today

After losing a loved one to a preventable accident, you have legal options and you are eligible for compensation. You can take action by reaching out to an experienced Kentucky wrongful death lawyer at Wilt Injury Lawyers for compassionate and knowledgeable assistance with your claim. Please call 502-253-9110 or fill out our contact form to schedule a meeting today. We have offices in Lexington and Louisville, and proudly serve clients throughout Kentucky.

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