Ross F. Mann | November 29, 2025 | Wrongful Death
A wrongful death case can be an option when a loved one dies because someone else acted carelessly or intentionally harmed them. In Kentucky, this is a civil matter, not a criminal one. The goal is to hold the responsible party financially accountable and provide support for the surviving family.
The person who can bring the lawsuit is usually the personal representative of the deceased’s estate. The claim may seek compensation for expenses, lost income, and emotional distress. Keep reading to learn more about the ways a wrongful death lawyer can help in these situations.
Assessing Whether a Wrongful Death Claim Has Merit
When your family hires a wrongful death lawyer, the first tasks involve gathering facts and understanding your legal rights. The lawyer will meet with you to discuss what happened and to review any documents you have. They will assess whether the case has merit.
Important actions at this stage include collecting medical records, police reports, witness statements, and other evidence. The lawyer will also explain Kentucky’s laws relevant to wrongful death, including who is eligible to file a claim and the timeframe for taking action. This early work sets the foundation for everything that follows in the case.
Investigating to Find What Went Wrong
A key role for the lawyer is investigating the incident. They will work to prove that someone else’s actions or inaction caused the death. This may involve hiring experts, such as accident reconstruction specialists or medical professionals. The lawyer reviews the scene of the accident, if possible, and gathers all relevant data.
The lawyer must also determine who owed a duty of care to the deceased, whether that duty was breached, and whether that breach directly led to the death. Through this investigation, the lawyer builds a strong factual basis for the claim.
Identifying Who Is Responsible
Once the investigation is underway, the lawyer identifies the person or entity responsible for the death. This could be a driver who caused a crash, an employer whose safety rules were disregarded, or a manufacturer that produced a defective product.
In Kentucky, the lawyer ensures that the correct legal parties are named and that the estate representative has the right to file the claim. They evaluate whether negligence, recklessness, or intentional misconduct applies. Properly identifying liability is crucial as it determines who must account for the loss suffered by the family.
Calculating and Seeking Compensation
After the responsible party is identified, the lawyer helps your family understand what compensation you might seek.
In Kentucky, allowable damages include medical bills incurred before death, funeral and burial costs, loss of income the deceased would have earned, loss of benefits such as healthcare or pension, and emotional losses, including loss of companionship, help, guidance, or support.
In certain cases, punitive damages may apply if the at-fault party acted especially recklessly. The lawyer calculates both economic and non-economic losses to present a full picture of what fair compensation would be. By doing this, the lawyer ensures your family seeks the full value of what was lost.
Handling Negotiations and Legal Proceedings
Most wrongful death cases are resolved through settlement rather than a full court trial. Your wrongful death lawyer will negotiate with the insurance company or legal representatives of the responsible party. They will present evidence, argue on your behalf, and advise you on whether an offer is reasonable or if going to trial is preferable.
If the case cannot be settled, the lawyer files the lawsuit and manages all court work. This includes submitting documents, handling discovery (the exchange of evidence), and representing your family in court if needed. In other words, the lawyer carries the legal burden so your family doesn’t have to face it alone.
Helping Your Family Seek Justice After Loss
When someone you love dies because another person or company failed to act responsibly, the journey ahead can feel overwhelming. Choosing the right Lexington wrongful death lawyer means you have a dedicated professional who knows the local laws and will handle the legal burdens, allowing your family to focus on healing.
Call Ross Mann Personal Injury Lawyers to schedule a free consultation to talk about your options. With the right support, your family can seek accountability, pursue fair compensation, and begin the process of rebuilding.
If you were injured in an accident in Lexington, and need legal help, contact our [PRACTICE AREA] attorneys at Ross Mann Personal Injury Lawyers, to schedule a free case review today.
We proudly serve Fayette County and the surrounding areas.
Ross Mann Personal Injury Lawyers – Lexington
501 Darby Creek Rd UNIT 48
Lexington, KY 40509
(859) 413-3900
