Did you lose a family member because of someone else’s actions in Louisville, Kentucky? Your family may have the right to file a wrongful death claim for compensation. Ross Mann Nursing Home and Medical Negligence Lawyers can help you through the legal process while treating your family with the compassion and respect you deserve during this difficult time.
Our Louisville wrongful death lawyers have over 40 years of combined experience and have recovered more than $150 million for our clients. We’ll put the full force of that experience to work for your family from the beginning and will fight to secure a result that provides real financial relief going forward.
Contact our law offices at (859) 413-3900 today for a free consultation. You can learn more about your legal rights and options during our meeting.
How Ross Mann Can Help With Your Family’s Wrongful Death Claim in Louisville, KY
The loss of a close family member is one of the most difficult experiences imaginable under any circumstances. While no amount of money could ever make up for what happened, filing a wrongful death claim can help your family recover financially as well as with a sense of justice.
Ross Mann Nursing Home and Medical Negligence Lawyers has a proven track record of standing up for families in exactly this situation. Our Louisville personal injury attorneys will do everything we can to help you maximize the value of your claim and won’t hesitate to take your case to court if needed.
When you hire our legal team, we can:
- Investigate the circumstances that led to your loved one’s death
- Identify every party who may share liability
- Calculate the full value of your family’s damages
- Gather the medical records, expert opinions, and other evidence needed to prove your case
- Handle all of the settlement negotiations with the insurance company
- File a lawsuit and take your case to trial if necessary
Reach out to our wrongful death lawyers in Louisville, KY, today to get started. We can walk you through your best course of action during your free case review.
What Is Wrongful Death Under Kentucky Law?
Kentucky’s wrongful death statute can be found in KRS § 411.130. This law defines a wrongful death as one caused by the “negligence or wrongful act of another.”
The statute also states that a personal representative of the deceased person’s estate is the party who must file the wrongful death lawsuit. This representative is typically named in the deceased’s will or may be appointed by the court if there is no will.
Any compensation recovered through the claim is then distributed to the deceased’s beneficiaries, such as:
- The surviving spouse
- The deceased’s children
- The deceased’s parents, if there is no surviving spouse or children
- Other dependents, in some circumstances
Kentucky also allows survival actions, which are separate from wrongful death claims. A survival action seeks compensation for losses the deceased person experienced before their passing, such as medical expenses and pain and suffering. Both types of claims can be pursued at the same time.
What Damages Can My Family Recover in a Louisville Wrongful Death Case?
Kentucky law allows families to pursue several categories of damages in a wrongful death claim.
These can include:
- Funeral expenses
- Loss of consortium (technically in a separate claim under KRS § 411.145)
- Loss of the deceased person’s earning potential
- Loss of the child’s affection and companionship (in cases where the person who passed was a minor)
Punitive damages may also be available if the at-fault party’s conduct was particularly egregious. These are meant to punish the wrongdoer rather than compensate the family, and they require a higher standard of proof as well.
How Long Does My Family Have To File a Wrongful Death Lawsuit in Kentucky?
Kentucky’s statute of limitations generally gives your family one year from the date of death to file a wrongful death lawsuit. However, the time limit may be extended to two years if the personal representative is appointed more than one year after the date of the deceased person’s death.
There are also limited exceptions that could further adjust this time limit in some cases. It’s strongly recommended that you reach out to a wrongful death attorney in Louisville as soon as possible to ensure you take timely legal action.
Schedule a Free Consultation With a Compassionate Louisville Wrongful Death Attorney
Losing a loved one to someone else’s negligence is something no family should have to go through. Ross Mann Nursing Home and Medical Negligence Lawyers has spent over four decades fighting for families in Louisville and throughout Kentucky, recovering more than $150 million on their behalf.
Contact our Louisville wrongful death attorneys for a free consultation today. We work on a contingency fee basis, so you won’t pay a cent in attorney’s fees unless we successfully handle your case.