When someone you love dies because of another person's careless or reckless actions, no amount of money can truly compensate for your loss. However, Kentucky's wrongful death laws recognize that surviving family members face real financial hardships alongside their grief.
Our wrongful death attorneys in Radcliff understand what families face after losing a loved one. We've spent over four decades helping Central Kentucky residents through this painful process, fighting to secure compensation that addresses both immediate needs and long-term impacts. We can ensure that those responsible are held accountable and that your family receives every dollar the law allows.
Who Can File a Wrongful Death Claim in Central Kentucky?
Kentucky's wrongful death statute establishes specific rules about who may bring a claim forward.
Only the Personal Representative
In Kentucky, only the personal representative must file the wrongful death claim. Sometimes called the executor or administrator, this person is either named in the deceased's will or appointed by the court if no will exists. Even if you are the spouse or parent of the deceased, you cannot file the lawsuit directly; the personal representative files on behalf of all eligible beneficiaries.
Who Receives the Proceeds?
KRS 411.130(2) establishes a specific hierarchy for how wrongful death damages are distributed.
- If the deceased left a surviving spouse, the spouse receives 100% if there are no children.
- If there is both a surviving spouse and children, the recovery is split between them.
- If there are children but no spouse, the children receive 100%.
- If there are no spouse or children, then the deceased's parents receive the recovery.
- If there are no surviving spouse, children, or parents, the recovery goes to the estate.
Statute of Limitations
Kentucky law generally gives the personal representative one year from the date of their qualification to file a wrongful death lawsuit, with an outside deadline of two years from the date of death.
These deadlines are strict, and missing them generally means losing the right to pursue compensation altogether. Given the time needed to investigate the accident, gather evidence, and build a strong case, families should contact an attorney as soon as possible after losing a loved one.
Common Causes of Wrongful Death in Central Kentucky
Wrongful death claims arise from many types of accidents and incidents. Our Radcliff attorneys have handled cases involving a range of causes, each requiring specific legal knowledge and investigative approaches.
Motor Vehicle Accidents
Car crashes, commercial truck collisions, and motorcycle accidents account for many wrongful deaths in Elizabethtown and surrounding communities. High-speed impacts, drunk driving, distracted driving, and reckless behavior can all lead to fatal injuries. These cases often involve traumatic brain injuries, severe bleeding, or multiple organ damage that proves fatal despite emergency medical care.
Commercial Trucking Accidents
When trucking companies or drivers violate federal safety regulations, the results can be catastrophic. Truck accident wrongful death cases frequently require extensive investigation into driver logs, maintenance records, and corporate safety policies.
Pedestrian and Bicycle Accidents
Vulnerable road users face severe risks when struck by vehicles. Pedestrians and cyclists hit by cars or trucks often sustain traumatic brain injuries and other fatal trauma. These cases demand careful analysis of driver behavior, road conditions, and visibility factors.
Workplace Accidents
Construction sites, manufacturing facilities, and other workplaces can become deadly when safety protocols fail. Workers' compensation is generally the exclusive remedy against the employer, but third-party wrongful death claims may exist when someone other than the employer bears responsibility for unsafe conditions that caused the death.
Medical Malpractice
Healthcare providers who fail to meet accepted standards of care can cause patient deaths. Medical malpractice cases require experts to establish how the provider's negligence led to the fatal outcome.
Dog Bites and Animal Attacks
Aggressive dogs can kill, particularly when attacking children or the elderly. Kentucky is a strict liability state for dog bite injuries, making owners responsible for attacks even if the dog had no prior history of aggression. However, recovery can be reduced by comparative fault principles if the victim provoked the animal or otherwise contributed to the incident.
Damages Available in Kentucky Wrongful Death Cases
Kentucky law allows families to recover compensation through wrongful death and related claims. Understanding these damage categories helps families grasp what a successful claim might achieve for them financially.
Medical Expenses and Funeral Costs
The estate can recover medical bills incurred between the injury and death, as well as reasonable funeral and burial expenses. These costs often total tens of thousands of dollars, creating immediate financial pressure on families already dealing with emotional trauma.
Destruction of Earning Power
Families can claim compensation for the deceased's lost earning capacity, including the income and benefits the deceased would have provided over their expected work life. This calculation considers the deceased's age, earnings, career trajectory, and work-life expectancy.
Survival Action
If your loved one survived for any period between the injury and death, the estate may pursue a separate survival claim to recover compensation for the deceased person's physical pain and mental anguish during that time. This survival action belongs to the estate and is distinct from the wrongful death claim itself. It applies even if the person was conscious for only hours or days after the incident.
Loss of Companionship
Non-economic losses suffered by family members are typically recovered through separate consortium claims rather than the wrongful death action itself. A surviving spouse may recover damages for loss of consortium, including loss of companionship, affection, and marital relations.
Punitive Damages
When a defendant's conduct was particularly reckless or intentional, Kentucky courts may award punitive damages designed to punish the wrongdoer and deter similar behavior. These damages go beyond compensating the family and serve a broader public purpose.
The Process of Pursuing a Wrongful Death Claim in Central Kentucky
Wrongful death cases follow a specific legal process that families should understand before proceeding.
- Initial investigation and case evaluation
- Personal representative appointment
- Filing the lawsuit
- Evidence discovery
- Settlement negotiations
- Trial if necessary
Why Choose Skeeters, Bennett, Wilson & Humphrey for Your Central Kentucky Wrongful Death Case
Selecting the right attorney makes a significant difference in wrongful death cases. Our firm brings specific advantages that help families achieve the best possible results.
- Over 40 years serving Central Kentucky. Our deep roots in this community mean we understand local courts, know the judges and opposing attorneys, and have built a reputation for excellence.
- Proven track record with high-value cases. Our results speak to our ability to take on challenging cases and secure substantial compensation.
- Personalized attention to every family. We limit our caseload to ensure each family receives the time and attention they deserve.
- Resources to investigate thoroughly. Wrongful death cases often require expert witnesses, accident reconstructionists, and extensive investigation. We have the financial resources to build the strongest possible case for your family.
- No fees unless we recover compensation. We handle wrongful death cases on a contingency basis, which means you pay no attorney fees unless we secure a settlement or verdict for your family.
Losing a loved one to someone else's negligence is devastating. While legal action cannot undo your loss, it can provide financial security and hold wrongful actors accountable. Call Skeeters, Bennett, Wilson & Humphrey at 270-351-4404 or fill out our online contact form to schedule a free consultation with our Central Kentucky wrongful death attorneys. Let our experience and compassion work for your family during this difficult time.