Serving Families in Jefferson County, Floyd County, Clark County & Southern Indiana
Little in life is as painful as the loss of a loved one. This is especially shocking and upsetting when it occurs unexpectedly, such as in a negligence-based accident. No one is prepared for the sudden loss and the grief that follows. When caused by the actions or inactions of another party, family survivors can also be overwhelmed by the injustice of the event. Where the deceased person was a breadwinner or main caretaker of the family, future financial and emotional hardship can compound the matter.
What is Considered To Be Wrongful Death in Kentucky?
“Wrongful death” is used in the legal field to describe a person’s death caused by someone else’s negligence, carelessness, recklessness, deliberate action, or other wrongdoing. Wrongful death claims are based on the idea that, had the deceased person lived, he or she would have had the right to pursue a personal injury claim for damages against the wrongdoer. Since the person did not survive, the representative of his or her estate is authorized to file such a claim on behalf of the deceased person’s surviving family members. This representative is often a spouse or other relative. However, exceptions to this rule can apply in cases of children who have died or where the person died due to the use of a deadly weapon.
Family members who may receive damages include spouses, children, or parents, depending on the circumstances. If none of the above exist, the damages are passed on to the deceased person’s estate.
Your Rights and Options After a Wrongful Death
Experiencing the loss of a loved one due to someone else's negligence is devastating. At Schuler Law Office, we understand that navigating the legal landscape during this challenging time can be overwhelming. It's essential to know your rights and the options available to you. Our dedicated team of Louisville wrongful death lawyers is here to guide you through every step of the process.
When you choose to pursue a wrongful death claim, you may be entitled to various forms of compensation, including:
Eligibility to File: Typically, immediate family members such as spouses, children, or parents have the right to file a wrongful death claim. Understanding who can represent the deceased's estate is crucial.
Types of Damages: Families may be entitled to various damages, including medical expenses, funeral costs, lost wages, and emotional suffering. Knowing what you can claim can significantly impact your financial recovery.
Statute of Limitations: In Kentucky, there are strict time limits on filing wrongful death claims. It's vital to act quickly to ensure your case is heard.
Proving Negligence: A successful wrongful death claim requires proving that the other party's negligence led to the death. Our team will work diligently to gather evidence and build a compelling case on your behalf.
Our experienced attorneys will work tirelessly to ensure that you receive the justice and compensation you deserve. We believe in holding responsible parties accountable and will fight for your rights with compassion and commitment.
Compassionate Wrongful Death Legal Services in Louisville
At Schuler Law Office, we understand the difficulties you face in such situations. That is why we make every effort to provide you not only with exceptional legal service but also with personal support and human connection. These can help ease the burden of being forced to navigate the wrongful death process in court. As wrongful death attorneys serving Louisville and the surrounding areas, we have the professional experience and commitment to your needs that can make the legal journey less stressful for everyone involved. Our team knows that nothing can replace the person you lost but justice through the courts can help bring a measure of closure.
Damages that can be awarded in these claims can include:
Funeral and burial expenses
Medical bills incurred to treat injuries before the person’s death
Pain and suffering the deceased may have experienced before death
Lost income or wages that would have been earned if the deceased had lived
Court costs and legal fees
Punitive damages where gross negligence occurred
Spouses can file separate claims when seeking damages for loss of consortium. Wrongful death claims are subject to filing deadlines in Kentucky. These consist of one or two years, depending on when a personal representative for the deceased person’s estate is appointed.
Discussing the specifics of your case with one of our Louisville wrongful death attorneys is the first step to take.
$3.25 MillionWrongful Death
$1.5 MillionLife-Altering Injuries
$910,000Wrongful Death
$750,000Critical Injuries
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