Losing someone you love because of another person’s carelessness can leave you grieving while facing questions you never expected to answer. A Kentucky wrongful death lawyer can take responsibility for the legal work while you give your attention to your family and the life that has suddenly changed around you.
At Johnson Law Firm, we help families in Pikeville, Eastern Kentucky, and communities throughout the state pursue accountability after preventable deaths. We investigate what happened, identify the people or companies responsible, deal with insurers, and prepare the case for settlement or trial.
We know a lawsuit cannot restore the person you lost. It can protect your family from financial losses caused by the death and hold the responsible party accountable. If you want to talk about what happened, contact us for a free, confidential consultation.
Contact Us Now!Who Can File a Wrongful Death Claim in Kentucky, and How Long Do You Have?
In many Kentucky wrongful death cases, the estate’s personal representative must act within a year, but the exact deadline can change depending on when the representative is appointed and how the death occurred. KRS 411.130 requires the personal representative to bring the wrongful death action.
A personal representative is usually the executor named in a will or an administrator appointed by the court when there is no executor. In Kentucky, District Courts handle probate matters, including the process of appointing an administrator when an estate does not already have an executor.
Kentucky’s Filing Deadline Is Not Always One Year From the Death
Many wrongful death claims are subject to Kentucky’s one-year wrongful death limitation under KRS 413.140. However, KRS 413.180 can extend the filing period based on when the personal representative is appointed, so the anniversary of the death is not always the filing deadline.
Motor Vehicle Deaths Can Follow a Different Deadline
Wrongful death cases arising from car, truck, motorcycle, and other motor vehicle crashes can have a different deadline. Kentucky’s Motor Vehicle Reparations Act generally allows certain injury and death claims to be filed within two years, with the exact date depending on the circumstances and insurance payments.
The safest approach is to allow Johnson Law Firm’s Kentucky wrongful death attorneys to determine the deadline from the facts of the case. You have too much at stake to rely on a single rule that may not apply to your case.
What Qualifies as Wrongful Death in Kentucky?
A wrongful death claim may arise when negligence or another wrongful act causes a person’s death. The Kentucky wrongful death statute allows the estate’s personal representative to seek damages from the responsible person or company.
The law does not require someone to have intended to cause the death. Carelessness can support a claim when the evidence shows that another person or business failed to act reasonably and caused the fatal injury.
Some examples of wrongful death cases we may handle include:
- Fatal car, truck, or motorcycle crashes caused by negligent driving
- Commercial vehicle crashes involving a driver, trucking company, or other business
- Defective products that cause fatal injuries
- Fatal falls caused by unsafe property conditions
- DUI crashes
- Workplace deaths involving negligence by someone other than the employer or a co-worker
The legal question is not simply whether a tragedy occurred. We must connect the death to conduct for which another person or company can be held legally responsible.
Liability May Extend Beyond the Person Who Caused the Immediate Injury
More than one person or business can sometimes bear responsibility for a wrongful death. We investigate the full chain of events rather than stopping with the person who appears most obviously at fault.
A commercial truck crash, for example, may involve questions about the driver, the trucking company, vehicle maintenance, cargo loading, or another contractor. In a product case, responsibility may involve a manufacturer or another business in the chain of distribution.
The same principle can apply to workplace deaths. When someone outside the employer caused or contributed to the fatal injury, a third party may also share liability in a wrongful death case.
Identifying every responsible party can affect the evidence available, the insurance coverage involved, and the amount of compensation the estate and family may be able to recover.
What Compensation May Be Available After a Wrongful Death in Kentucky?
Kentucky law recognizes several different types of compensation after a wrongful death. The type of claim determines which losses may be recovered and who may recover them.
| Type of Claim or Loss | What It May Cover |
|---|---|
| Wrongful death claim | Lost earning power, funeral and burial expenses, and punitive damages in qualifying cases |
| Survival claim | Medical expenses, pain and suffering, and other losses your loved one experienced between the injury and death. Kentucky law allows the survival and wrongful death claims to be brought together. |
| Spousal loss of consortium | A surviving spouse’s loss of companionship, assistance, and the marital relationship |
| Loss of a minor child | A surviving parent’s loss of the child’s affection and companionship during the child’s minority |
We look at every form of compensation that may apply to your family, including losses belonging to the estate and separate claims Kentucky law gives certain surviving family members.
Who Receives Money From a Kentucky Wrongful Death Claim?
Kentucky law determines who receives a wrongful death recovery after applicable funeral expenses, administration costs, and costs of pursuing the claim are addressed. The personal representative brings the case, but the representative does not simply decide who receives the money.
The distribution generally follows this order:
- If there is a surviving spouse and no children, the spouse receives the recovery.
- If there is a surviving spouse and children, one-half goes to the spouse and one-half goes to the children.
- If there are children but no surviving spouse, the children receive the recovery.
- If there is no surviving spouse or child, the recovery goes to the surviving parent or parents.
- If none of those family members survives, the recovery becomes part of the deceased person’s estate.
We explain the distribution rules early so family members know what Kentucky law provides before important decisions are made.
Why Do I Need a Kentucky Wrongful Death Lawyer?
A wrongful death lawyer can investigate the death, preserve evidence, identify every responsible party, calculate the losses allowed by Kentucky law, deal with insurance companies, and prepare the case for court when a fair settlement cannot be reached.
The work becomes especially important when liability is disputed or several companies and insurers are involved. Evidence may include vehicle data, company records, witness testimony, medical records, photographs, video, employment information, and opinions from qualified professionals.
Insurance companies also evaluate claims with their own financial interests in mind. Johnson Law Firm handles those communications and evaluates settlement offers against the evidence we have developed.
Research published by Forbes found substantially better results for represented injury claimants than for people who handled claims without a lawyer, both in the rate of settlement and in net compensation. The research, which focused on automobile injury claims, illustrates how legal representation can affect both the likelihood and the amount of recovery.
We Prepare for the Possibility of Trial
Most families would rather resolve a wrongful death claim without spending weeks or months in a courtroom. We pursue a fair settlement when one is available, but meaningful negotiations require the other side to know that we are prepared to prove the case at trial.
Billy Johnson has represented injured Kentuckians since 1998. He remains directly involved in every case, supported by a team that investigates the facts, works with qualified professionals when needed, and prepares the evidence carefully.
Make the Legal Questions Our Responsibility
Grief can make even routine decisions difficult. A wrongful death case adds deadlines, insurance questions, estate issues, and demands for information at a time when your family may have very little energy for any of them.
We take responsibility for the legal work, and we make your fight our fight. Our team will investigate what happened, identify the evidence that needs to be protected, determine who may be liable, communicate with insurers, and keep you informed so you never have to wonder about the status of your case.
If your family is ready to talk, call us at 606-437-4488 or use our online contact form for a free, confidential consultation. We can discuss the circumstances privately and explain the next step that makes sense.
Local People Helping Kentucky Families Through Difficult Times
Johnson Law Firm is based in Pikeville, and our connection to Eastern Kentucky is personal. Billy Johnson grew up in the Dorton area of Pike County, and our team lives and works among many of the same communities we serve.
Families from Pikeville, Prestonsburg, Paintsville, Hazard, Whitesburg, and surrounding communities should not have to choose between personal attention and the resources needed for a serious case. We bring both.
When a Pike County estate must be opened, probate matters are handled through the local court system at the Pike County Judicial Center on Main Street in Pikeville. We handle the legal work involved with the wrongful death claim while coordinating with the estate process when necessary.
“I always knew that they were just a call away, and that really meant a lot to me.” Greg B.
Results That Show the Level of Cases We Prepare
Our past results include substantial recoveries in serious Kentucky injury cases:
- A multi-million-dollar truck wreck settlement reached on the first day of trial
- A multi-million-dollar result involving a Magoffin County commercial pickup crash
- A multi-million-dollar Pike County jury verdict involving a head-on DUI crash and punitive damages
- A seven-figure result involving a Letcher County school bus wreck
Past results do not guarantee a similar result in another case. They show the level of preparation and resources we have brought to serious claims.
Billy Johnson’s Awards and Professional Recognition
Billy’s professional recognition includes:
- Super Lawyer
- Multi-Million Dollar Advocates Forum
- Million Dollar Advocates Forum
- National Trial Lawyers, Top 100 Trial Lawyers
Billy is also an instrument-rated private pilot. He has used that ability to travel for qualified witnesses and other resources when a serious case requires them.
Contact Us Now!Questions Kentucky Families Ask After a Wrongful Death
How much does it cost to hire a wrongful death lawyer in Kentucky?
You pay no attorney fee unless we win your case. We handle wrongful death claims on a contingency fee basis, which means our attorney fee comes from the recovery if we obtain one. Case expenses are separate from attorney fees, and we explain the financial terms before you hire us.
Will my family have to go to trial?
A wrongful death case does not necessarily have to go to trial. Many cases resolve through settlement, but we prepare the evidence so we can take the case to court when the responsible party or insurer refuses to offer a fair resolution.
Can we file a wrongful death claim if nobody was criminally charged?
A wrongful death claim can proceed even when no criminal charges were filed. A civil wrongful death case has a different purpose and a different standard of proof from a criminal prosecution. We evaluate whether the available evidence supports civil liability for the death.
Can a Kentucky wrongful death case include punitive damages?
Punitive damages may be available when the evidence shows willful conduct or gross negligence. KRS 411.130 expressly permits punitive damages in qualifying wrongful death cases, but punitive damages do not apply to every negligent act.
What if my loved one was partly responsible for the accident?
Kentucky’s comparative fault law can reduce a recovery when the deceased shared responsibility for the event that caused the fatal injury. The reduction generally corresponds to the percentage of fault assigned to that person.
Does life insurance prevent us from filing a wrongful death claim?
Life insurance generally does not prevent a wrongful death claim. Life insurance benefits arise from a private insurance contract, while a wrongful death claim seeks compensation from a person or company legally responsible for causing the death.
Can we bring a claim if our loved one survived the accident for a while before dying?
A wrongful death claim may still be possible when a family member survives the initial injury but later dies because of it. We would need evidence connecting the death to the injuries caused by the negligent or wrongful act.
What if I do not understand the legal terms used in my wrongful death case?
You do not need to understand every legal term. Our Kentucky wrongful death attorneys explain unfamiliar terms and processes in plain English and tell you what they mean for your family’s case. If a term comes up between conversations, you can also review common wrongful death terms and definitions for a simple reference.
Speak With a Kentucky Wrongful Death Lawyer Today
You do not need to arrive at our office knowing the right legal terms or exactly who was responsible. Tell us what happened and what your family is facing. We will listen carefully, answer your questions plainly, and explain what we can do.
Johnson Law Firm serves families in Pikeville, throughout Eastern Kentucky, and across the Commonwealth. Call us at 606-437-4488 or use our online contact form to request a free, confidential consultation. If you are in the Pikeville area, you can also stop by our office at 229 Main St, Pikeville, KY 41501.
Our Pikeville Office
229 Main Street
Pikeville, KY 41501
Attorney Billy Johnson
William “Billy” Johnson grew up in the Dorton area of Pike County, Kentucky, and early on decided to stay in the beautiful Appalachian mountains. Like many others in Eastern Kentucky, Billy’s dad worked as a coal miner, a hard job but one that taught his son how to meet challenges head on and persevere. Attorney Billy Johnson has years of experience helping injured clients with claims such as car, truck, and motorcycle accidents, wrongful deaths, work injuries, and more. [ Attorney Bio ]
