812-213-4551Kentucky Wrongful Death Lawyers
Seeking Justice for Your Loved Ones
Losing a loved one is a devastating experience, especially when their death could have been prevented. While no amount of money will bring your family member back, your family may have a right to hold the responsible party financially accountable under Kentucky’s wrongful death law.
Our team of Kentucky wrongful death lawyers is dedicated to seeking justice for those who have lost family members due to the negligence or misconduct of others. We understand the emotional and financial toll that a wrongful death can take on a family, and we are here to provide compassionate support and aggressive legal representation. Pursuing a claim for wrongful death in Kentucky can be complicated. You should not attempt to navigate the nuances of the legal system on your own. At Gerling Law Office, Professional Corporation Office, our Kentucky wrongful death lawyers have decades of experience helping grief-stricken families just like yours. We empathize with what you are going through and offer compassionate yet aggressive representation. Our goal is to help you get the compensation you and your family deserve. Contact us today at 812-646-3277 to discuss your case and learn how we can help you fight for the compensation you deserve.
What Is Wrongful Death?
Kentucky law defines wrongful death as the death of someone caused by the wrongful act or negligence of another person.
In cases that qualify as wrongful death, certain family members may be entitled to pursue compensation for their losses. Wrongful death lawsuits focus on the survivors’ financial losses and emotional anguish, not the deceased’s damages.
A claim for wrongful death can result from a wide variety of accidents and events. Some of the most common cases our Kentucky wrongful death attorneys handle include:
- Truck accidents – Fatalities caused by negligent commercial drivers or trucking companies often lead to wrongful death claims involving complex federal regulations.
- Bus accidents – Public and private transit systems can be held liable for fatal bus collisions caused by driver error, mechanical failure, or inadequate maintenance.
- Pedestrian or bicycle accidents – Crashes involving vehicles and vulnerable road users often result in serious or fatal injuries, especially in urban areas like Louisville and Lexington.
- Boating accidents – Fatal incidents on Kentucky lakes and rivers, including capsizing and collisions, may result from operator negligence or alcohol impairment.
- Drowning – Wrongful death lawsuits may arise from drowning accidents due to inadequate supervision at pools, waterparks, or summer camps.
- Slip and falls – Fatal head trauma or internal injuries from falls on unsafe premises may lead to premises liability wrongful death claims.
- Nursing home abuse and neglect – Deaths resulting from medication errors, malnutrition, bedsores, or unsanitary conditions in long-term care facilities are tragically common in Kentucky.
- Medical malpractice – Misdiagnosis, surgical errors, and birth injuries can lead to preventable deaths, forming the basis of a medical wrongful death lawsuit.
- Construction site accidents – Electrocution, falling debris, or machinery failures at construction zones often result in fatal workplace accidents subject to wrongful death litigation.
Other incidents, especially those involving criminal actions, can also give rise to a wrongful death lawsuit. For example, if a victim is physically assaulted and dies from their injuries, your family could pursue a wrongful death action.
Understanding Damages For Wrongful Death
When you file a wrongful death claim, you may be entitled to recover compensation for your family’s damages. The money you receive is meant to address the survivors’ damages and mental anguish.
Depending on the circumstances, you might be entitled to recover for:
- Loss of earning capacity
- Loss of benefits like retirement plans or health insurance
- Loss of inheritance
- Loss of services your family member would’ve provided
- Loss of love and companionship
- Loss of consortium
Unlike some other states, Kentucky does not cap damages in wrongful death actions.
What Are the Common Causes of Wrongful Death in Kentucky?
Wrongful death claims can arise from a variety of unfortunate incidents. In Kentucky, some of the most common causes include vehicular accidents, medical malpractice, workplace accidents, and criminal acts. Each of these situations involves unique legal challenges and requires a thorough understanding of Kentucky law to navigate effectively.
Vehicular accidents, including those involving cars, trucks, motorcycles, and bicycles, are a leading cause of wrongful death claims. These accidents often result from negligence, such as distracted driving, speeding, or driving under the influence. In such cases, the responsible party can be held accountable for their actions.
Medical malpractice is another significant cause of wrongful death. This occurs when a healthcare professional fails to provide the standard of care expected in their field, resulting in a patient’s death. Examples include surgical errors, misdiagnosis, or medication mistakes.
Workplace accidents, particularly in high-risk industries like construction, can also lead to wrongful death claims. Employers have a duty to provide a safe working environment, and failure to do so can result in fatal accidents.
Criminal acts, such as assault or homicide, can also give rise to wrongful death claims. In these cases, the perpetrator may face both criminal charges and a civil lawsuit for wrongful death.
What Should You Do If You Suspect a Wrongful Death?
If you suspect that a loved one’s death was caused by someone else’s negligence or wrongful act, it’s important to take action promptly. Start by gathering any available evidence related to the incident, such as medical records, accident reports, and witness contact information.
Next, contact a qualified wrongful death attorney to discuss your case. An attorney can help you understand your legal rights and options and guide you through the process of filing a claim.
Remember, time is of the essence in wrongful death cases. The sooner you take action, the better your chances of securing the compensation your family deserves.
Who Can File a Wrongful Death Claim in Kentucky?
In Kentucky, the right to file a wrongful death claim is typically reserved for the personal representative of the deceased’s estate. This individual is often named in the deceased’s will or appointed by the court if no will exists. The personal representative acts on behalf of the deceased’s estate and surviving family members.
The compensation awarded in a wrongful death claim is distributed among the deceased’s beneficiaries according to Kentucky law. Typically, the surviving spouse and children are the primary beneficiaries. If the deceased had no spouse or children, the compensation might go to other relatives, such as parents or siblings.
It’s important to note that the personal representative must file the wrongful death claim within the statute of limitations, which is generally one year from the date of death. Failing to meet this deadline can result in the loss of the right to pursue compensation.
What Types of Compensation Are Available in Wrongful Death Claims?
In a wrongful death claim, the compensation awarded is intended to address the financial and emotional losses suffered by the deceased’s family. This can include economic damages, such as medical expenses incurred before death, funeral and burial costs, and loss of the deceased’s future earnings and benefits.
Non-economic damages are also available to compensate for the emotional impact of the loss. These damages can include compensation for loss of companionship, loss of consortium, and the mental anguish experienced by surviving family members.
In some cases, punitive damages may be awarded if the defendant’s actions were particularly egregious or reckless. These damages are intended to punish the wrongdoer and deter similar conduct in the future.
How Does the Legal Process for Wrongful Death Claims Work?
The legal process for wrongful death claims in Kentucky involves several key steps. Initially, the personal representative must gather evidence to support the claim. This can include medical records, accident reports, witness statements, and testimony.
Once sufficient evidence is collected, the personal representative can file a wrongful death lawsuit in the appropriate court. The defendant will then have an opportunity to respond to the allegations.
During the discovery phase, both parties exchange information and gather additional evidence. This phase may involve depositions, interrogatories, and requests for documents.
If the case does not settle during the discovery phase, it may proceed to trial. At trial, both parties present their evidence and arguments to a judge or jury, who will determine the outcome of the case.
Why Is It Important to Hire a Wrongful Death Lawyer?
Losing a loved one due to someone else’s negligence is devastating. On top of emotional grief, families often face legal and financial challenges they never anticipated. Navigating a wrongful death claim can be overwhelming, especially while grieving. That’s why hiring an experienced wrongful death lawyer is so important.
A knowledgeable attorney provides invaluable support during this difficult time. They will gather and present evidence, negotiate with insurance companies, and advocate for the maximum compensation available under Kentucky law. Having someone in your corner who understands the system means you don’t have to face it alone.
How Can a Wrongful Death Lawyer in Kentucky Help?
Wrongful death claims are complex and time-sensitive. When you retain our Kentucky wrongful death lawyers, we take care of every detail related to your claim—so you can focus on your family.
Proving negligence is key to these cases. Our legal team conducts a thorough investigation, collecting police reports, medical records, surveillance footage, and witness statements to support your claim. We are well-versed in identifying the critical evidence needed to hold the responsible parties accountable.
Insurance companies often use tactics to reduce or deny payouts. When you handle a claim on your own, adjusters may offer you a low settlement, hoping you’ll accept it quickly. But when you have a lawyer on your side, we fight back. If negotiations stall, we prepare your case for litigation, starting with filing a complaint and conducting discovery to uncover any additional evidence needed.
Litigation can be expensive, which is why it’s important to work with a firm like Gerling Law Office, Professional Corporation Office. We have the resources to go the distance. We’re not intimidated by large insurance companies—we’ll take your case all the way to trial if necessary.
Why You Shouldn’t Wait to File a Wrongful Death Lawsuit in Kentucky
Under Kentucky law, families have only one year from the date of death to file a wrongful death lawsuit. This statute of limitations is strict—missing the deadline means the court will likely dismiss your case, and you’ll be barred from collecting compensation.
That’s why it’s critical to consult with an attorney as soon as possible. At Gerling Law Office, Professional Corporation Office, we ensure your case is filed in time—even if a settlement is being negotiated. We protect your rights from day one and never let deadlines compromise your claim.
How Gerling Law Office, Professional Corporation Office, Can Help You
At Gerling Law Office, Professional Corporation Office, we are committed to helping families across Kentucky navigate wrongful death claims with clarity and strength. Our experienced legal team understands the emotional toll these cases take. We offer compassionate, strategic representation from start to finish.
We have the resources, reputation, and legal skill necessary to take on even the most complex wrongful death claims. Whether your case is resolved through negotiation or litigation, we’ll be there every step of the way—gathering evidence and making sure your family gets the compensation it deserves. Let our team handle the legal complexities while you focus on healing.
Get a Free Consultation with Our Kentucky Wrongful Death Attorneys
Do not attempt to handle a wrongful death claim on your own. Let the team at Gerling Law Office, Professional Corporation Office, help. We understand the complicated legal process and will fight to ensure your family’s rights are protected.
Contact us today at 812-646-3277 to schedule your free consultation. Let us help you seek justice for your loved one and secure the financial recovery your family needs.