According to the National Center for Health Statistics, accidental death is the third leading cause of all fatalities in the U.S. Among the most common accidental deaths are motor vehicle accidents and falls, both of which can be caused by the negligence of another person. In addition to these, nursing home abuse or medical malpractice are also common causes of death and may be even more prevalent than originally thought due to under-reporting. All of these are examples of wrongful deaths, and they often result in emotional hardship and significant financial strain for a victim’s family. If you have lost a loved one due to the reckless or careless actions of another person or business, we encourage you to contact a wrongful death lawyer from Louisville Injury Firm.
Wrongful Death Attorney Near Me
If you’d like to visit our firm in Louisville and speak directly with our wrongful death attorney in person for a free consultation, visit our office at 717 Executive Park, St Matthews, KY 40207.
What is Wrongful Death?
As defined in the Kentucky Revised Statutes, a wrongful death is one that has been caused by an injury inflicted by either the negligence or wrongful act of another. That means that the death could be recklessly caused in an accident (such as inadequate safety equipment on a construction site) or it could be caused by a wrongful act such as a criminal act (like assault leading to manslaughter or murder).
The law also acknowledges that damages can be recovered against either the person who caused such death or by an “agent or servant” who caused the death. In simple terms, Kentucky allows for a person or business to be held responsible for someone’s death, even if they weren’t directly involved in causing it. This can happen when one person or group (like a business) is indirectly responsible because of their connection to the person who caused the death.
For example, if a car owner lets someone else drive their car and that person causes a deadly accident, the car owner could be held responsible because they gave permission to use the car. Similarly, if an employee causes a fatal accident while doing their job, the employer might be held responsible because the employee was working on their behalf. This legal principle is called respondeat superior, which means an employer can be held accountable for an employee’s actions if the employee was acting within their job duties.
Wrongful Death Examples
Wrongful deaths can have many different causes, however, some of the most common causes in Kentucky include:
Car Accidents
Car accidents are unfortunately common on Kentucky roads, and even more so in Louisville. In 2023 alone, roadway accidents in the city resulted in over 400 serious injuries and 136 fatalities. When a car accident results in the death of a loved one due to someone else’s negligence, it may be possible to file a wrongful death lawsuit. One of the most common examples of a wrongful death in a car accident is when someone is hit and killed by a driver who is drunk, speeding, or violating other traffic laws.
Medical Malpractice
When a healthcare provider’s negligence or failure to follow accepted medical standards leads to a patient’s injury or worsening condition, it is considered “medical malpractice.” This can result from various types of errors, including surgical mistakes, misdiagnoses, medication errors, or improper treatment. For example, imagine that a patient undergoes surgery and the surgeon fails to remove a surgical instrument, causing a severe infection that ultimately leads to the patient’s death. In this scenario, a wrongful death claim could be filed in order to pursue compensation for medical bills, funeral costs, and other damages.
Workplace Accidents
In 2021, 27% of occupational fatalities in Kentucky occurred in Jefferson County. These types of accidents are common because they don’t necessarily need to take place at a manual labor site. Workplace accidents may include any injury or death that occurs while the victim is working. This can include a construction worker suffering a fatal fall from scaffolding or an office worker slipping in an icy parking lot and sustaining a fatal head injury. When these incidents occur, there may be grounds to file a wrongful death suit, especially if there is evidence that shows the death could have been prevented if not for an employer or co-worker’s negligence.
Defective Products
In Kentucky, manufacturers, distributors, and retailers must ensure that products are safe for consumer use. When they fail to do so, even seemingly innocuous items can become dangerous due to malfunctions, design flaws, or lack of proper warnings, potentially causing severe injuries or death. Imagine that a pharmaceutical company based in Kentucky puts a heart medication on the market, then later finds out that they accidentally allowed thousands of ineffective pills to be sold alongside the regular product. If a customer consumes the ineffective pills and has a heart attack, filing a wrongful death suit may be an option.
Unsafe Properties
Unsafe properties can create significant risks for visitors, tenants, and others legally present on the premises. In Kentucky, property owners and managers are responsible for maintaining safe conditions to prevent accidents and injuries. Failing to repair hazards such as broken stairways, slippery floors, or faulty wiring, or neglecting to provide adequate security in high-risk areas, can lead to dangerous environments. If an individual dies as a result of unsafe property conditions that could have been prevented, the property owner may be held liable through a wrongful death lawsuit.
Who Can Sue for Wrongful Death in Louisville, KY?
Under Kentucky law, a wrongful death lawsuit can only be filed by a personal representative for the decedent’s estate. Generally, this means the executor or executrix of a Last Will, which is someone that the decedent had appointed to handle their estate affairs. This individual may or may not be a family member. The proceeds of the claim go into the estate, and not to the personal representative directly.
However, if there is no Last Will or if the executor/executrix declines or otherwise agrees, a family member can petition to be appointed an administrator and personal representative of the estate. What this means is that a family member can become eligible to commence a wrongful death action in Kentucky in certain situations.
Additionally, if the deceased’s death occurred due to a deadly weapon, the surviving children or spouse of the deceased may file a claim. In cases where the deceased was a minor, the surviving parents of the child may file a wrongful death suit.
How Does a Wrongful Death Lawsuit Work in Kentucky?
While there are some nuances, the process for filing a wrongful death lawsuit in Kentucky is similar to many other types of lawsuits:
- Consultation with an Attorney: The personal representative of the deceased’s estate consults a wrongful death attorney to evaluate the case.
- Investigation: If the attorney accepts the case, they will conduct a thorough investigation into the circumstances of the wrongful death and identify the liable party. They will also gather various evidence to support the case.
- Negotiations with the Insurance Company: Once the liable party has been identified, the attorney will send a demand letter to the party’s insurance company and attempt to negotiate a fair settlement.
- Filing a Lawsuit: If negotiations are unsuccessful, the attorney can file a lawsuit by submitting a complaint to the appropriate court.
- Discovery Phase: Both parties exchange evidence and information relevant to the case through depositions, interrogatories, and document requests.
- Negotiation and Settlement: Many cases settle before trial, with parties negotiating a compensation amount that must be approved by the court.
- Trial: If the case does not settle, it proceeds to trial, where evidence is presented, and a verdict is reached.
Who Gets the Money in a Wrongful Death Lawsuit?
Successful wrongful death lawsuit typically result in a significant settlement. Once the estate of the victim has been compensated for funeral expenses, administration costs, and any legal fees, the remainder of the settlement will be awarded to the victim’s family.
If the deceased leaves behind a spouse and children, the award will be divided equally amongst them. If they leave behind only a spouse or only children, the award in its entirety will go to them. If the victim has neither a spouse nor children, the award will go to the victim’s parents. And lastly, in the event that the victim has no surviving family members, the settlement will be handled by the victim’s estate and awarded to the beneficiaries named in their will.
How Are Wrongful Death Settlements Calculated?
Kentucky law explains that there are two types of damages in a wrongful death claim. The first is the actual damages sustained, and the second is punitive damages, which may be awarded in rare cases if the defendant’s actions were particularly reckless. These damages are different and parties may not be entitled to both if a claim is not properly developed and presented by an experienced Louisville wrongful death attorney.
As in many other types of personal injury cases, wrongful death settlements take into account a variety of economic and non-economic damages. Families may be entitled to compensation for the following:
- A loved one’s pain and suffering before their wrongful death
- A loved one’s emergency medicine bills, hospital bills, ambulance bills, doctor bills, and other medical bills before their wrongful death
- Burial costs
- Property damage
- Funeral expenses
- A loved one’s lost wages before their wrongful death
- The lost earnings of a loved one that would have supported the family for the rest of the decedent’s life
- Loss of consortium, guardianship, protection, guidance, and other normal familial relations between a decedent and their spouse, children, parents, or other dependents
- Other damages caused by the negligent acts or omissions of a defendant resulting in the wrongful death of a loved one
Louisville Wrongful Death Attorney: FAQs
What is the statute of limitations for wrongful death in Kentucky?
The statute of limitations for filing a wrongful death lawsuit in Kentucky is generally one year from the date of the individual’s death, though it may extend if an estate representative is not immediately appointed.
How long does a wrongful death lawsuit take?
The length of a wrongful death lawsuit can vary, but it often takes several months to a few years to resolve, depending on the complexity of the case and whether it goes to trial.
Who pays in a wrongful death suit?
In a wrongful death suit, the party held liable, typically the defendant or their insurance company, is responsible for paying any damages awarded to the plaintiff.
If You’ve Lost a Loved One, Talk to Our Wrongful Death Attorney at Louisville Injury Law Firm for Help
Here at the Louisville Injury Law Firm, our compassionate and experienced legal team is ready to answer the many questions that families have after the tragic loss of a loved one. There is no charge for a case evaluation, which means you are free to ask as many legal questions as you may have. In fact, we accept no payment unless we win your case. Once we have an understanding of your specific circumstances, we’ll work tirelessly to investigate your case and seek justice for the loss of your loved one. Throughout the process, we are always here should you need additional advice or support. If you’re ready to get started contact us today.
