Nothing can prepare you for the loss of a loved one. The loss is especially painful when their death occurs due to another person’s negligent or wrongful actions. While Gerling Law cannot help bring your loved one back, we can help you hold the at-fault party accountable for their wrongdoing. Our team has decades of experience representing the surviving family members of wrongful death victims. We understand that losing a loved one often comes with unimaginable trauma and stress.
Gerling Law was founded on “client first” principles. In every situation, we do what is best for our clients. During our long history, we’ve recovered over $500 million for people in the tri-state area, and we want to help you.
Who Can File a Louisville Wrongful Death Claim?
Kentucky limits who can file a wrongful death claim on behalf of the decedent. Only the personal representative of the decedent’s estate can file a wrongful death claim. A personal representative is a person responsible for administering the decedent’s estate. The decedent can select their personal representative by naming them in their will. Otherwise, Kentucky intestacy laws will determine who the personal representative is.
The proceeds of the wrongful death claim are distributed to the decedent’s spouse and children. If the decedent does not have a spouse or children, the proceeds will go to their parents.
Accidents That Result in Louisville Wrongful Death Cases
A wrongful death occurs when a party causes another person’s death due to their negligent or wrongful conduct. Wrongful deaths can occur in almost any scenario. Situations that frequently result in wrongful deaths include:
- Car accidents,
- Motorcycle accidents,
- Semi-truck accidents,
- Medical malpractice,
- Nursing home neglect, and
- Workplace accidents.
Every wrongful death claim is different. A Louisville wrongful death lawyer can review your case and determine whether the circumstances surrounding your loved one’s death constitute wrongful death. We can walk you through your options and help you decide what path is right for you.
What Damages Can I Recover Through a Wrongful Death Lawsuit?
In a wrongful death claim, you can recover both the losses of the surviving family members as well as the losses the decedent could have recovered in a personal injury claim. The damages stemming from the decedent’s losses may include:
- Medical bills,
- Lost wages,
- Pain and suffering, and
- Property damage.
The losses suffered by the surviving family members as a result of the decedent’s death may include:
- Funeral and burial expenses,
- Mental anguish,
- Loss of consortium,
- Loss of the decedent’s future earnings and contributions, and
- Attorney fees.
In limited circumstances, you can recover punitive damages in a wrongful death suit. Punitive damages are designed to punish the defendant and deter them from similar conduct in the future. To recover punitive damages, you must prove by clear and convincing evidence that the defendant acted with oppression, fraud, or malice.
Contact an attorney to discuss your wrongful death compensation.
How Can I Find the Right Louisville Wrongful Death Attorney?
Hundreds of wrongful death attorneys advertise their services throughout Kentucky. Many of our clients feel overwhelmed by all of the options and fear they will make the wrong choice. Luckily, there are a few things you can look for to help you decide.
A negligence analysis is required to prove a wrongful death claim. This is a tricky process, so you want to ensure that you work with an attorney who has handled wrongful death claims in the past. A Louisville wrongful death attorney uses their experience to calculate the compensation you are realistically owed in your wrongful death case. Gerling Law has worked with our clients for over 50 years in the pursuit of justice and fair compensation. We know that we have the experience necessary to prevail in your case. Go with Experience. Go with Gerling.®
Connection to the Community
You need a wrongful death attorney who is in the business of representing people for the right reasons. Our goal is the pursuit of justice for our clients. We are here to fight for you and help you win. We believe that by helping our clients get the justice they deserve, we are helping to better our entire community. Our Louisville wrongful death attorneys are deeply invested in the communities we serve by volunteering in various civic activities. We see the legal services we offer as another part of a larger commitment to the common good.
Many wrongful death lawyers offer a free consultation before you hire them. This gives you a chance to explain your case and meet the lawyer you will work with. Meeting with a prospective lawyer in person or over the phone can provide you with insight into whether you want to work with them. You will share a lot of time and information with your lawyer during the wrongful death process, so you should select a lawyer that helps put you at ease.
Contact our Louisville Wrongful Death Lawyers at Gerling Law Today
Losing a loved one is one of the most painful things imaginable. And knowing that their death was preventable can make matters feel even worse.
While nothing can undo the pain you’ve experienced, it’s important to remember that there are ways for you to move forward.
If you have lost a loved one due to the wrongful or negligent actions of another, you may have a legal claim for relief through a wrongful death action.
At Gerling Law, we pride ourselves on helping our clients through some of the most difficult times in their lives. When you have questions or don’t know where to turn, our team of wrongful death attorneys will be there to help you in any way we can. With decades of experience fighting for the rights of those who need us, we are confident that we have the knowledge, tools, and resources necessary to be a fierce advocate for you.
We also handle clients with other types of injury cases, including:
- Auto accidents,
- Trucking accidents,
- Motorbike accidents,
- Bike accidents,
- Birth injuries,
- Medical errors, and
- Nursing home negligence.
Contact Gerling Law today to discuss your case and learn more about what our team can do for your wrongful death settlement.