Wrongful Death Lawyer in Lexington, Kentucky

What Does Wrongful Death Mean?

Wrongful death is a legal term referring to when a person dies due to another person or party’s negligent or intentional actions. The elements to prove a wrongful death case in Kentucky include the following: 

1. A person has died;
2. The death was caused by another person’s negligent or intentionally harmful actions; and
3. The surviving family members suffered damages as a direct result of the death. 

Medical malpractice, motor vehicle accidents, and workplace incidents all provide examples of incidents that could result in a wrongful death claim. Examples of the types of wrongful death cases represented by Morrin Law include:

• Collisions between two passenger vehicles resulting in death;
• A crash between a truck and a bicyclist where someone dies;
• An accident involving a semi-truck and a deceased motorcyclist; and
• A crash in Lexington with multiple vehicles and multiple deaths.

Additionally, negligent actions that could lead to a wrongful death suit can include, but is not limited to:

• Reckless driving;
• Driving under the influence of drugs or alcohol;
• Distracted driving;
• Speeding;
• Aggressive driving;
• Disobeying traffic laws or signs;
• Improper lane changes;
• Driving while fatigued; or
• Operating a vehicle in a knowingly unsafe condition.

If you lost a loved one to an accident that sounds like the examples above, we encourage you to contact our team at Morrin Law. Our experienced lawyers can review your case and represent you throughout the legal process.

What is a Wrongful Death Lawsuit?

When a person has died in an unexpected accident caused by another person’s negligence, the personal representative of the deceased person’s estate can file a wrongful death claim. Often called the “executor,” this person oversees the legal aspects of filing a claim or lawsuit, while the surviving family members can receive any awarded compensation if the claim is successful.

If the executor does not agree with the settlement offer, or the at-fault party is refusing to cooperate, a wrongful death lawsuit can be filed. This is similar to other personal injury lawsuits except in this case, the injured person is no longer able to seek compensation; instead, their surviving family members will be awarded the compensation.

Who gets the money in a wrongful death case? 

Although the executor is responsible for filing the wrongful death claim, it does not necessarily mean they will receive any compensation. Kentucky law specifies that any compensation awarded in a wrongful death suit will be divided in the following order: 

• The spouse receives the entire compensation – In a case where there is only a surviving spouse and no children.
• Spouse and children split compensation – In a case where the deceased left a surviving spouse and children. 
• Surviving parent(s) receive compensation – In a case where the deceased left no surviving spouse or children. 
• The estate receives the entire compensation – In a case where the deceased left no spouse, children, or surviving parents. 

What is the average payout in a wrongful death case?

Considering each case will differ in its details, it is hard to estimate an average payout or time frame for a wrongful death case. However, we can explain how compensation is awarded. 

When a personal injury case is successful, the compensation awarded is based on the value of damages caused by the incident. In a wrongful death case, the damages (plaintiff’s claimed financial losses) can include: 

• Medical bills;
• Burial and funeral expenses;
• Loss of financial support and benefits;
• Loss of care; and
• Punitive damages if the case is found to have gross negligence or malicious intent. 

Essentially, the insurance adjusters or court will determine what fair compensation should be awarded based on the value of damages. They may also consider factors like the deceased person’s age, income, and earning capacity when they died. 

To ensure your case receives the fair compensation it deserves, you will need to be mindful of Kentucky’s statute of limitations. This refers to the time limit the executor is given to file. The deadline for filing a wrongful death claim is one year from the date the personal representative is appointed or two years from the date of the deceased’s death. 

If you fail to meet these deadlines or attempt to file a claim once the statute of limitations has passed, your case will likely be barred. Avoid the stress by contacting the Kentucky wrongful death attorneys at Morrin Law, who can help you gather evidence and maintain timely filing. 

Example Cases of Deadly Collisions in Lexington, KY 

The following provides two example cases out of Lexington, Kentucky where a collision resulted in death:

• August 2024 – The Lexington Police Department responded to a deadly collision involving a motorcyclist and bicyclist. The crash occurred around 7pm, when the bicyclist was traveling on Beacon Hill Road and the motorcyclist was traveling on Mason Headley Road. The coroner reported that multiple blunt-force injuries caused both individuals to die from the impact.
• November 2024 – The Fayette County Coroner reported the death of a bicyclist after a collision involved with a vehicle in Lexington. Kentucky State Police responded to the crash on November 13, when a vehicle collided with a bicyclist near the intersection of Lane Allen Road and Garden Springs Drive. The bicyclist was initially transported to the University of Kentucky Chandler Hospital for serious injuries but died the next day.

In addition to the two incidents listed above, KSP data has already recorded 31 fatal collisions within Fayette County this year.

Contact Morrin Law for Legal Representation 

After losing a partner or family member in an unexpected accident, the emotional and mental toll can seem unbearable. Finding out the accident was caused by the negligent actions of another person only makes matters worse. During this grieving period, the last thing on the surviving family’s mind is navigating the complexities of the legal realm. Luckily with the help of Morrin Law Office, you won’t have to go through it alone.

Morrin Law’s experienced Kentucky wrongful death attorneys are here to support you throughout the entire process. We can speak to the strict insurance agencies on your behalf and fight for you in the courtroom if the case proceeds to trial. Our goal is to get you and your loved ones back to your best while we negotiate a fair settlement for the wrongful death. Get started on your claim today when you contact our Lexington office at (859) 358-0300. We will provide you with a free consultation to determine if we can add exponential value to your case.