Kentucky Wrongful Death Lawyer

When a loved one dies needlessly, it is a tragic and emotionally devastating situation. Surviving family members are left burdened by medical bills for their loved one’s treatment and funeral expenses, and loss of income and support at a time they are dealing with grief and anger at the injustice of what occurred.

If you have lost a loved one due to the negligence or wrongdoing of another, you may be able to obtain financial compensation as well as justice on their behalf through a wrongful death lawsuit. While no amount of money can make up for the loss of your family member, fair compensation can relieve your financial burdens and make it easier for you and your family to go on with your lives. It is also a way to hold the party responsible for the death accountable for what they have done.

Kentucky laws are complicated, and insurance companies and their lawyers will often attempt to deny claims or get you to settle for less than your case is worth, so it is difficult to go up against them on your own. Fortunately, there is help available from an experienced Kentucky wrongful death lawyer who can file a wrongful death claim and handle all investigations, negotiations, and legal hurdles needed to fight for the settlement you deserve.

Why Choose Our Kentucky Wrongful Death Lawyer?

There are many attorneys who handle wrongful death, but it is important to find one you not only can trust, but who has the experience skills and resources to fight for the settlement you deserve. Here are some reasons why we feel you should choose the Johnson Law Firm:

• We are experienced. Attorney Billy Johnson is highly skilled and aggressive when going after negligent parties, and has been helping clients since 1998.
• We get results, including a $24 Million Settlement in a recent truck wreck case on first day of trial.
• We are local and know Kentucky courts, judges and systems.
• We take a personal interest in each client. Billy Johnson won’t turn your case over to a less experienced personal injury attorney or paralegal; he gets to know your case inside out and works tirelessly for you. We have helped many satisfied clients, and you can read their testimonials here.
• We are certified and respected for the work we do. Billy Johnson has been recognized by the organizations that include:

• Super Lawyer
• Multi-Million Dollar Advocates Forum
• Million Dollar Advocates Forum
• National Trial Lawyers, Top 100 Trial Lawyers
• Instrument Rated Pilot

• We offer free consultations to get you started and there are no fees to you unless and until we win your case.

What is a Wrongful Death Claim?

Under Kentucky law, a “wrongful death” occurs when “the death of a person results from an injury inflicted by the negligence or wrongful act of another.” The law, (Ky. Rev. Stat. § 411.130) allows the personal representative of the deceased to file a wrongful death claim in civil courts to recover damages from the party that caused the death in the form of monetary compensation for family members. If there is no personal representative, such as if the deceased person is a child with no estate or died without a will, the court will appoint someone.

A wrongful death claim can be thought of as similar to a personal injury claim the deceased person would have been eligible to file if they had not passed away. If the case is successful, compensation will be awarded to pay for funeral expenses, administration costs, and any attorneys’ fees, and then surviving family members will receive the remainder of the damages awarded.

Proving Negligence in a Wrongful Death Lawsuit

To win your case, your wrongful death attorney would have to show that the defendants in the case were negligent and at fault for causing the death of your loved one. This means showing the existence of the following legal elements:

• Duty — The defendant owed the deceased a duty not to cause harm.
• Breach — The defendant breached this duty by acting in a negligent or reckless manner or failing to take necessary actions.
• Cause — This negligent action or inaction directly caused the accident that led to the death.
• Damages – The deceased victim has surviving beneficiaries, children, or dependents that suffered monetary damages from the death of the victim.

In some cases, there may be more than one negligent party that contributed to the wrongful death. Your wrongful death attorney will carefully investigate and interview witnesses and first responders to obtain evidence to prove negligence. All negligent parties should be identified, as they all may have insurance and assets that can go toward a settlement.

Damage Awards in a Wrongful Death Case

Damage awards in a wrongful death lawsuit are meant to recover money that would otherwise be earned by the person who lost their life, as well as expenses the family members face due to their loved one’s loss. The specific types and amounts of compensation depend on the unique facts of each case, but generally include both economic (monetary) and non-economic damages, and in some rare cases, punitive damages. Damages may include:

• Lost wages or other income
• Loss of companionship, consortium, and parental guidance loss suffered by surviving spouses, children, or other close family members
• Funeral and burial expenses
• Medical bills related to the death
• Additional expenses required to care for children or other dependents who relied on the deceased for support
• Pain and suffering of the survivors
• Loss of pension or retirement funds
• Administrative and legal costs

Damage awards in a successful case can be substantial, sometimes reaching into the millions of dollars, as juries are likely to be sympathetic when a wrongful death is involved. In addition, there is no upper limit to wrongful death lawsuits in Kentucky. The amount you will receive will depend on many factors such as the degree of fault, the availability of insurance and assets of the defendants, and the skill and negotiating ability of your attorney.

How Are Wrongful Death Awards Distributed in Kentucky?

Wrongful death awards are made either through settlement or jury awards. A settlement means an agreement is reached without the case going to court. Instead, the at-fault party offers a specific financial amount to settle the case, and the victim’s representative accepts the settlement amount. A jury award is determined after the end of a trial, with the amount set by the jury.

Under Kentucky law, when a wrongful death attorney succeeds in proving negligence and achieves a favorable settlement or court verdict, any financial award will be paid as follows:

• If a widow/widower and children: Half to widow/widower and half to any children
• If a widow/widower, but no children: All to the widow/widower
• If no widow/widower, but children: All to the children
• If no widow/widower and no children: All to the parents
• If no widow/widower, no children, and no parents: All to the decedent’s estate.

Be aware that Kentucky has a statute of limitations on how long you have to file a wrongful death claim. However, a cause of action must be filed within one year from death.

How a Kentucky Wrongful Death Attorney Can Help Win Compensation

In Kentucky, a wrongful death lawyer plays a crucial role in helping families seek justice and compensation. When you have the Johnson Law Firm on your side we will:

• Review the circumstances of your loved one’s death to determine if you have a valid wrongful death claim under Kentucky law and how much your case should be worth. To do so, we will quantify all economic and non-economic damages, including medical expenses, funeral costs, lost income, loss of companionship, and emotional suffering
• Conduct thorough investigations, gathering evidence such as accident reports, medical records, witness statements, and obtaining expert opinions to build a strong case.
• Identify all individuals or entities that may be legally responsible for the death, which can sometimes include businesses, manufacturers, or government agencies.
• Ensure the correct party files the claim and all procedural requirements are met in a timely manner.
• Negotiate with insurance companies for a fair settlement.
• Take your case to court and represent your interests at trial, if necessary.

Get Help Filing a Wrongful Death Claim

If you have lost a loved one due to wrongful death, there is help available from the experienced and compassionate wrongful death attorneys at the Johnson Law Firm. Attorney Billy Johnson can meet with you to discuss what happened, determine who was at fault, conduct investigations to gather and preserve evidence, and handle all legal requirements, court filings, and negotiations involved with recovering the financial compensation you deserve. We offer respectful, caring representation from an experienced wrongful death lawyer who guides grieving families through the legal process of seeking the financial compensation they deserve because of the wrongful death of a loved one. We will make every attempt to negotiate a fair settlement, but are fully prepared to take your case to trial if necessary.

Let Billy take the burden off you and fight for justice. The Johnson Law Firm provides prospective clients an initial case evaluation for free, and there are no fees unless and until we win your case, so call us today to get started.