Let A Louisville Attorney Help You Fight For Justice After A Wrongful Death
If your loved one was killed due to another’s reckless, negligent or intentional actions, you may have grounds for a wrongful death lawsuit. At Gray Law, PLLC, attorney David Gray understands the difficulties of coping with the loss of a loved one, especially when their passing was avoidable. He helps surviving family members seek justice and compensation after losing a loved one in a preventable tragedy.
A Brief Overview Of Wrongful Death Claims In Kentucky
A wrongful death claim is a civil lawsuit you can file to hold a person or company accountable for a family member’s preventable death. In Kentucky, these cases are not filed by individual family members. Instead, the personal representative for the deceased person’s estate must file the lawsuit on behalf of the family.
The deceased typically names this person in their will. If there is no will, the court appoints them. As your legal counsel, attorney Gray will work with the personal representative to handle these complex steps and stand up for your family’s rights.
There are some exceptions to this rule, such as in cases involving a death caused by a deadly weapon or the death of a minor. In these specific circumstances, a surviving spouse or parents may also have the right to file a claim. Attorney Gray will assess your case and explain any exceptions or specific rules that may apply to your situation.
Common Causes Of Wrongful Death
A wrongful death claim can arise from many different circumstances where another party’s negligence led to a fatality. Attorney Gray has extensive experience guiding families through the legal process for cases that involve:
- Motor vehicle accidents: This includes car or truck collisions involving negligent drivers, as well as pedestrians and cyclists
- Medical malpractice: Claims may arise from a medical error, misdiagnosis or surgical mistake
- Workplace accidents: This includes incidents on construction sites, in industrial settings, or from hazardous material exposure
- Premises liability: Fatalities caused by slip-and-falls or inadequate security on a property
- Product liability: Deaths caused by defective items, medications or health care equipment and implants
- Nursing home neglect: Claims involving inadequate care or abuse, leading to a resident’s death
Under Kentucky law, the deceased’s personal representation can only file a wrongful death lawsuit within one year after the date of their death. For cases involving motor vehicle accidents, this filing period extends to two years, but the clock starts ticking from the date of the accident itself, not the date of death.
What Types Of Compensation Can You Recover?
Unlike other states, Kentucky law does not place a limit or cap on the amount of compensation you can receive in a wrongful death lawsuit. The compensation you may be entitled to includes:
- Economic damages: These cover specific financial losses, such as medical care costs related to the injury that caused the death, funeral and burial expenses, as well as the loss of income and services that your loved one would have provided
- Noneconomic damages: These account for the intangible losses, such as the deceased person’s pain and suffering before death, as well as the family’s loss of companionship, sorrow and mental anguish
In cases involving gross negligence or intentional wrongdoing, a court may also award punitive damages. These damages are not meant to compensate the family, but rather to punish the wrongdoer for their actions and prevent similar conduct in the future.
Is a wrongful death lawsuit similar to criminal charges? No, a wrongful death claim seeks monetary compensation for the family’s losses, while criminal charges seek to punish the wrongdoer with fines or jail time. While both proceedings can happen at the same time, they are separate legal actions with different standards of proof.
To secure a successful outcome in a civil case, the plaintiff must prove the defendant is liable by a “preponderance of the evidence.” This means demonstrating that it is more likely than not that the defendant’s actions caused the death. This is a lower burden of proof than “beyond a reasonable doubt,” which is the standard for criminal cases.
How Wrongful Death Compensation Is Distributed In Kentucky
The deceased person’s estate, not the court, handles the process for distributing the wrongful death compensation. The estate pays the money to the personal representative, who must then use it to pay certain expenses before distributing the rest to the surviving family members:
- The compensation goes entirely to a surviving spouse if there are no children
- A surviving spouse and any children each receive an equal half of the compensation, with the children then dividing their half among themselves
- If the person had no spouse but left behind children, the entire compensation is divided equally among the children
- If there are no surviving children or spouse, the compensation will go to the person’s parents
In cases where a minor child is entitled to a portion of the award, a court-supervised trust or blocked account holds the funds until they reach legal age. Attorney Gray will work with you to protect you and your family’s interests while ensuring proper management and distribution of the compensation.
Why You Need A Louisville Wrongful Death Attorney
Losing a loved one is an unimaginable tragedy, and we know that no legal settlement can ever truly make up for your loss. However, pursuing a wrongful death claim can provide a sense of closure and the financial stability your family needs to move forward.
Our founding attorney has dedicated his career to fighting for families in Louisville and throughout Kentucky. With over 35 years of experience, attorney Gray approaches every case with a trial-ready mindset. He knows how to stand up against insurance companies and negligent parties in court if necessary. Under his leadership, our firm offers the credentials and resources of a large practice, as well as the personal attention and direct communication of a boutique firm.
At Gray Law, PLLC, we understand that legal costs can be a major concern during such a difficult time. As such, we work on a contingency fee basis, which means our fees come from the compensation we secure for you. In short, there are no upfront costs. We also offer a free initial consultation to review your case and provide guidance about your legal options, with no obligation to move forward.
Secure Justice For Your Loved One’s Death
Do not let insurance companies undervalue your claim or delay the justice you deserve. We are ready to fight for your family today. Attorney Gray will personally review your case and provide honest guidance about your legal options. Contact our Louisville office today to learn more about the process and how we can help. Call us at 502-205-7578 or send us a message to schedule your free consultation.