Losing a loved one is heartbreaking, especially when it’s caused by someone else’s negligence. If your family is facing a wrongful death, an experienced Louisville wrongful death lawyer from our personal injury law firm can help you seek justice during this difficult time.
In this Article
How Does a Louisville Personal Injury Lawyer Prove Wrongful Death?
To prove a wrongful death claim, experienced wrongful death lawyers establish four facts:
Duty of care: the party had a responsibility to act safely.
Breach of duty: they acted negligently or harmfully.
Causation: their actions caused the death.
Damages: the death led to losses like medical bills or emotional pain.
How Can an Experienced Wrongful Death Attorney Help?
After a loved one’s death, a compassionate wrongful death attorney from our law firm can pursue justice for surviving family members. We handle all aspects of the Louisville wrongful death claim according to Kentucky wrongful death laws. We hold responsible parties accountable by gathering evidence of the fatal injury inflicted (such as medical records) and negotiating for financial compensation to cover funeral and burial expenses, medical costs incurred prior to the victim’s death, lost wages, and more.
What Is a Wrongful Death in Kentucky?
By the Kentucky wrongful death statute (KRS 411.130), wrongful death occurs when someone’s death is caused by another person’s negligence or wrongful act. The personal representative of the deceased person’s estate can file a lawsuit to recover damages, including punitive damages if the act was intentional or extremely negligent.
Common Types of Accidents That Cause Wrongful Death in Louisville, KY
Wrongful death actions arise from
Motor vehicle accidents
Unsafe workplace mishaps
A healthcare provider’s negligence—medical malpractice
Slip and falls
Defective or unsafe products
Nursing home negligence
Who Can File a Kentucky Wrongful Death Lawsuit?
A certain person must file a wrongful death lawsuit in Kentucky. Only the personal representative is permitted to file. This person is typically named in the deceased’s will or appointed by the court if no will exists.
Who Can Be Held Accountable for a Wrongful Death?
Individuals or organizations can be held accountable in personal injury cases if their negligence or wrongful actions lead to a death. This can include employers, drivers, property owners, healthcare providers, or manufacturers of defective products.
How Does Kentucky’s No-Fault Law Affect Wrongful Death Claims?
Kentucky’s no-fault law—the Motor Vehicle Reparations Act (KRS 304.39)—requires drivers to rely on their personal injury protection (PIP) insurance for medical expenses and lost wages after an accident, regardless of fault. However, wrongful death claims may be exempt from the no-fault system since the death automatically meets the required threshold.
What Is Not Considered Wrongful Death in Kentucky?
In Kentucky, a death is not considered wrongful if it is due to natural causes, illness, or accidents where no negligence or wrongful act is involved. Additionally, Kentucky law does not allow compensation for “loss of enjoyment of life”—though punitive damages may apply if the death resulted from gross negligence or intentional actions.
What Is My Louisville Wrongful Death Case Worth?
The value of wrongful death cases depends on factors like medical bills, lost income, funeral costs, emotional suffering, and punitive damages. While no money can replace a loved one, compensation provides financial support and a sense of justice. We help clients evaluate claims, negotiate with insurance companies, and secure the financial recovery they deserve.
How Long Does It Take to Settle a Wrongful Death Case?
Wrongful death settlements can take months or years, depending on complexity, evidence, and court schedules. Our Louisville wrongful death attorneys work tirelessly to resolve cases quickly while securing the fair compensation you deserve.
How Long Do I Have to File a Wrongful Death Claim in Kentucky?
The statute of limitations for wrongful death in Kentucky is outlined in KRS 413.180. It generally provides that the personal estate representative for the deceased has one year from their appointment to file a wrongful death claim, but the claim must be filed within two years of the date of the person’s death.
Call Our Experienced Attorneys for Legal Assistance
If you are the surviving spouse of a loved one who suffered a fatal accident due to the negligent or wrongful actions of a liable party, we can help you take legal action. Through Kentucky’s legal process, we can seek compensation for burial and funeral expenses, lost wages, and more. Call us for a free consultation.
Get help from a Louisville wrongful death lawyer when you've lost a loved one because of someone else's negligence.
$7.5 Million
Recovery for a construction worker injured when a support wall fell and struck him. (Highest award on record for a construction injury in DuPage County at the time).
$3.2 Million
Recovery for a construction worker injured when he fell in an uncovered foundation trench, ranking as the highest award on record for a construction injury in McHenry County at the time.
$3 Million
Recovery for the family of a man struck by a garbage truck that was making an illegal turn.
$2.2 Million
Recovery for a salesman injured in an automobile collision.
$2 Million
Recovery for a man struck by a speeding vehicle as he waited for the CTA bus.
$1.5 Million
Recovery for a truck driver that was struck by another car on the expressway while his vehicle was disabled.
$1.4 Million
Recovery for a computer programmer that slipped and fell in the washroom at work.
Recovery for a 38-year-old man who suffered neck and back injuries requiring lumbar and cervical disc replacement surgeries after a rear-end motor vehicle accident.
$800,000
Recovery for a pedestrian struck by a vehicle in a parking lot. At the time, this was the second-highest recovery on record in DuPage County for a similar injury.
$800,000
Recovered for a disputed wrongful death claim against a trucking company. The company denied they were involved in the collision.
$660,000
Recovery for a truck driver that was injured while unloading his trailer.
$550,000
Recovery for a person who slipped and fell in a grocery store.
$550,000
Recovery for a woman who injured her neck in a motor vehicle collision.
$500,000
Recovery for a pedestrian that was struck by a vehicle while standing on the sidewalk.
$500,000
$500,000 Policy limit settlement for a 48-year-old woman injured in a Cook County head-on collision after another driver made an unsafe left turn into traffic.
$460,000
Recovery for a truck driver that tripped and fell in the parking lot while making a delivery.
$450,000
Recovery for a dental assistant who slipped and fell at work on an unnatural accumulation of ice.
$425,000
Recovery for a union worker struck by a speeding vehicle.
$425,000
Recovery for a passenger in a vehicle struck by an inexperienced driver.
$415,000
Recovered for a woman that required neck surgery after aggravating an existing neck injury in a truck accident.
$400,000
Recovery for a lab technician injured while transporting equipment.
$370,000
Recovery for a construction worker injured on faulty equipment at a construction site.
$315,000
Recovery for a motorist struck by a falling utility pole.
$310,000
Recovery for a person injured in a motor vehicle collision.
$300,000
Recovery for a bicyclist struck by a vehicle.
$300,000
Recovery for a 16-year-old girl who suffered a skull fracture after her e-bike struck a metal driveway marker placed along the roadway.
$250,000
Recovery for a young woman struck by another vehicle.
$250,000
Recovered for a woman who sustained a partial finger amputation and other injuries in a rollover car accident. (Policy Limits)
$250,000
Recovered for a man injured in a motor vehicle collision.
$250,000
Recovered for a 60-year-old woman involved in a car accident. (Policy Limits)
$250,000
Recovered for a man hit by a semi-truck while operating a go-cart.
$250,000
Recovered for an individual who suffered a severe knee injury after a slip and fall on a wet floor at a Will County retail store.
$240,000
Recovery for the injured party struck by another vehicle.
$235,000
Recovery for a person injured in a motor vehicle collision.
$235,000
Recovery for an inventory clerk injured when shelving toppled onto her.
$219,000
Recovery for a restaurant patron that slipped and fell in the bathroom.
$200,000
Recovered for an airline employee struck on the runway at O’Hare International Airport.
$190,000
Recovery for a person injured in a motor vehicle collision.
$175,000
Recovered for a child injured by fireworks at a fourth of July celebration.
$170,000
Recovered for a person injured when she slipped and fell exiting a major retail store.
$150,000
Recovered for a woman who fractured her leg when she was struck by a vehicle.
Latisha S.
Great service. They helped me get my money, and everyone was very pleasant even though the health insurance took a while. Everything was on point on Kryder’s side.
(312) 223-1700