If you have lost a loved one because someone acted in a reckless or negligent manner, you and your family are devastated, especially if the death was preventable. Wrongful death can also leave surviving family members with financial burdens that compound their grief, making it imperative that the guilty parties are held accountable. You can do that with the help of a Louisville wrongful death lawyer.
At The Schafer Law Office, we strive to lift the financial stresses you are experiencing. We can advocate on your behalf and make sure you understand your legal rights and options in a wrongful death claim.
If you’ve been impacted by a wrongful death in Louisville or the surrounding areas, you may have some questions. The Kentucky personal injury attorneys at The Schafer Law Office have the answers!
Only the personal representative of the deceased person’s estate can bring a wrongful death case. Therefore, the first step is for the Probate Court to appoint a personal representative. Then a petition must be filed to probate the will. This is done in the probate office in the county of residence. In Louisville, the probate office is located in the Louis D. Brandeis Hall of Justice, in Room 203, on West Jefferson Street.
If your loved one had a will at the time of death, an administrator would be appointed. If there is no will, an executor would be appointed. Usually, a surviving family member or close relative of the deceased acts as the personal representative of the estate.
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Wrongful death cases operate much like personal injury cases in that they are generally based on claims of negligence. To prove negligence, your attorney must show that the person who caused your loved one’s death owed them a certain duty of care, which they subsequently failed to uphold, leading to the deceased’s death. They also need to prove that actual damages arose from the death.
A wrongful death is any death caused by another party’s negligence, recklessness, or malicious intent. There are many sources of wrongful death claims. Some of the most common of them include:
If your loved one died in a workplace accident due to the employer’s negligence, as would be the case with a fall from height on a construction site due to a lack of fall protection, for example, you can file a wrongful death claim to recover damages. Exposure to toxic substances on job sites is also a common source of work-related wrongful death claims.
Common causes of nursing home neglect and abuse wrongful death claims include severe bedsores, falls due to lack of supervision, medication errors, and untreated infections.
Not sure whether you have a wrongful death claim on your hands? You can reach out to our team to schedule a consultation and discuss your case with a lawyer. We’ll evaluate your case, identify the liable party, and let you know if we feel that it’s worth moving forward with a claim.
There’s no need for a person to face criminal charges for them to have a wrongful death claim brought against them in civil court. However, in cases where violence led to the death of a loved one, it may be the case that criminal charges make it easier to prove the case.
Even if the person is not convicted in criminal court, you may still be able to bring a wrongful death claim against them successfully. The distinction hinges on how the burden of proof is considered in criminal versus civil cases. In criminal cases, the prosecution must prove that the defendant is guilty beyond a reasonable doubt. In civil cases, you need only to show that a preponderance of the evidence points toward a defendant’s guilt.
Who’s Allowed to Recover Compensation in a Wrongful Death or Fatal Accident Case in Kentucky?
Many people are surprised to learn that Kentucky law only allows certain family members to recover for the wrongful death of a loved one. This is the case whether the death occurred as the result of a tragic vehicle accident or from some other negligent action caused by a third party.
In most wrongful death and fatal accident cases, recovery and compensation are limited to a surviving spouse and children. However, you should always contact a Louisville, Kentucky wrongful death attorney to confirm who is entitled to receive money from the settlement.
The Kentucky Revised Statutes list the order in which the heirs-at-law can have the settlement or jury verdict amount distributed. Here’s how compensation generally gets allocated:
The estate is typically allowed to claim the following damages for the deceased family member:
It is important to note that these damages may only be recovered once; double recovery is not allowed, even in situations where death is not immediate.
Your loved one’s estate may claim loss of the income that they were reasonably expected to earn over the course of their lifetime, as well as:
Some types of economic damages, such as burial costs, are easy to calculate. Others are more subjective. When it comes to damages such as lost wages, the court will take certain circumstances into account. They can include:
Generally, the decedent’s circumstances at their time of death are the primary factors that define how economic damages are calculated. In some cases, lawyers must present expert witnesses to provide proof of the decedent’s economic value to the family.
As with personal injury claims, insurance companies often make low settlement offers to claimants without lawyers in wrongful death cases. It may be tempting to take the more convenient option and accept an immediate settlement in an effort to reduce the burden of engaging with the legal system during your time of grieving, but that’s not usually wise.
Instead, you can hire a wrongful death attorney to help you negotiate a settlement with the responsible party’s insurance company. Your lawyer can take care of everything from filing paperwork to gathering evidence and directing negotiations so that you can focus on grieving for your loved one and moving forward with your life.
You’ll know if a settlement offer is good because it will cover 100% of the damages incurred. In some cases, that requires going to trial. In others, it can be accomplished through negotiations alone. You can trust your wrongful death lawyer to offer you informed advice about whether a particular settlement offer is fair.
Taking the time to pursue a wrongful death claim to its full extent can give your family access to the claim’s full value. Of course, no amount of money will bring your loved one back or make up for the loss of a family member. The reality, however, is that those left behind still need to pay bills and accommodate their personal needs. A fair settlement can help them accomplish those goals, so don’t accept any offer until you’ve spoken with an attorney.
In Kentucky, you have only one year from the date of the decedent’s death to file a wrongful death claim. This time limit is known as the statute of limitations.
There are certain exceptions to the strict one-year statute of limitations:
While you’re entitled to file a claim any time up to a year later with possible extensions in the circumstances described above, you should make every effort to file your claim as soon as possible after your loved one has died. Filing your claim immediately can avoid potential issues with deadlines and help you keep everything fresh in your mind.
If you want to file a wrongful death claim against a government entity, like a municipality, there may be immunity issues you need to consider.
Sovereign immunity is a very complex area of law. In Kentucky, you can only bring an action against the state in the Board of Claims, which is an administrative proceeding. You can recover for expenses like medical bills, funeral costs, and loss of income, but not for pain or suffering. The amount recovered can be no more than $250,000.
In some cases, you can only file a civil claim after you have filed and/or served notice upon the defendant within 90 days after the incident. These “pre-filing” wrongful death laws are very strict and need to be observed to preserve your claim. This is another reason why it is extremely important to consult with an experienced Louisville wrongful death attorney.
Kentucky is a comparative fault state. This means that even if the deceased was partly at fault for a fatal accident, the estate can still file a claim. A percentage of fault or negligence would be assigned to each side, impacting how much you may recover.
For example, let’s assume that your loved one did not have their seat belt on when a distracted driver struck them. If a jury decides that it contributed to the death, they will place a percentage of fault on that omission. If the jury places a 25% fault on the deceased and awards a judgment of $1,000,000, the award would be reduced by 25%. In other words, the estate would collect $750,000.
Actual loss of earnings refers to how much income your loved one would have earned had the death not occurred. This figure can be calculated by determining the amount of money they would have made from the date of death to the present date and the amount that they would have made in the future.
For example, if your mother was a school teacher earning a salary of $40,000 per year and died in an accident, the claim would demand the amount of unearned money from the date of death to the present time. The claim would also review how many more years she would have likely worked before retirement.
These future earnings would be increased by the rate of inflation every year. It is also necessary to consider expected annual pay raises. When the future earnings number is totaled up, an economist then uses a formula to reduce the total amount to the present value.
In cases where a child dies, the parents can usually recover financial and non-economic losses. The court will consider several characteristics of the claimants in determining what they are owed, including:
The younger the child is, the more speculative this assessment is. Most assessments of a child’s potential future earning capacity are based on a work-life expectancy table.
The wrongful death of older adults who are no longer working also has limited recovery potential. The reasons for the lower recovery associated with the wrongful death of an elderly person are several. First, they no longer have an earning potential since they are past retirement age. Second, their children don’t typically require substantial support since they are usually adults. It’s still worth hiring a wrongful death attorney to explore your options.
Are Medical and Other Healthcare Expenses Incurred Before Death Recoverable in a Wrongful Death Claim in KY?
If your loved one is injured in a Kentucky car accident and dies after weeks in the hospital, you can recover the expenses for their necessary healthcare. This element of compensation can be very high, especially if they need trauma room care and surgical intervention.
Efforts to collect this damage are frequently offset by the reimbursement claims asserted by Medicare, Medicaid, or a health insurance plan that paid the medical expenses, resulting in a little net gain for the estate or the wrongful death claimants.
A survival action is a type of wrongful death case where the injured person dies days, weeks, months, or years after the negligent action. The death does not occur at the same time as the event that caused the injury. The claim against the at-fault party continues on or “survives.”
The estate is allowed to bring the action on behalf of the descendant to recover the damages. An example would be if a person is injured in a car wreck and then passes away some time later. The estate of the decedent is allowed to make a claim for the decedent’s pain and suffering, medical expenses, funeral expenses, lost wages, and other damages caused by the at-fault party.
If you live in Louisville or the surrounding areas and you’ve lost a loved one due to the negligence of another driver, you need to hire a wrongful death lawyer as soon as possible. You’ll want to make sure any evidence that will help your case can still be gathered, and you’ll want to make sure that the evidence is not destroyed.
A wrongful death attorney can help you understand your case and Kentucky law. You want a KY wrongful death attorney who cares about you, and you’ll soon find that and much more in Mike Schafer and The Schafer Law Office.
With Mike Schafer on your side, you’ll be in good hands. The Schafer Law Office has been helping the families of wrongful death victims get compensated for more than 30 years. Unlike the big law firms in Louisville that sometimes have other people work on your case, Mike is personally involved in every case.
The Schafer Law Office knows the challenges and pitfalls of Kentucky wrongful death cases, all the tactics of the “other” side, and how to present the facts. They can handle the brutal tactics of the insurance companies. In fact, before Mike opened The Schafer Law Office in injury and accident law, Mike worked for an insurance defense firm. They really know all the tactics the insurance companies have up their sleeves.
This book is for those who need help and are looking for what’s right in their case. In most Kentucky wrongful death cases, the estate has a claim for damages.
The Kentucky Revised Statutes list the order in which the heirs-at-law can have the settlement or jury verdict amount distributed. Generally, the surviving spouse receives 50%, and the surviving children receive 50% divided equally between them. The estate is typically allowed to claim the following damages for the deceased family member:
“Wrongful Death In Kentucky” Book Table of Contents
In the most fatal accident and wrongful death cases, recovery and compensation are limited to a surviving spouse and children. If you are in the unfortunate position of having a family member or loved one who has suffered an untimely death due to the negligence of another, The Schafer Law Office can help.
The Schafer Law Office realizes that this is a very traumatic, emotional experience. The Schafer Law Office has handled these types of cases for years and has experience investigating, pursuing, and settling wrongful death claims.
To get a free copy of this book, you must be a KY resident. Fill out the form below for your free copy:
If you live in Louisville or the surrounding areas and you’ve lost a loved one due to the negligence of another party, you need to get legal advice as soon as possible. You want a Louisville wrongful death lawyer who cares, and you’ll find that and much more in Mike Schafer and The Schafer Law Office.
We have been helping the loved ones of wrongful death victims get compensated for more than 25 years. We know the challenges and pitfalls of wrongful death and fatal accident cases (especially in Kentucky), how the “other” side typically operates, and how to present the facts. In fact, before Mike opened The Schafer Law Office, he worked for an insurance defense firm. We know all the tactics the insurance companies have up their sleeves and will use that information to advance your case. To schedule a consultation, please call (502) 584-9511 or contact us online.
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