Morrin Law Office
Attorney for Wrongful Death in Louisville, Kentucky
The death of a family member is not something we can prepare for, especially when they are taken too soon by the reckless action of another person. Far too often parents, children, and partners must endure the traumatic loss of their loved one caused by an incident that could have been avoided. Maybe a person was speeding or driving under the influence of alcohol. Or someone walked onto the road illegally, causing a multi-car crash. Whatever incident that caused the person’s death, the surviving family members will be the ones to pick up the pieces—both emotionally and financially.
Luckily, Kentucky offers compensation to the surviving families of those killed in a negligent accident. Similar to a personal injury claim, an assigned executor can file a wrongful death claim on the deceased person’s behalf. Any awarded compensation will be divided among the remaining family members. This page will explain wrongful death and the process for filing a wrongful death suit following a deadly accident in Louisville, Kentucky.
What is a Wrongful Death Accident?
When a negligent or wrongful act occurs that causes the death of a person, it is considered wrongful death. In the legal realm, a wrongful death claim is the civil route to seeking compensation for the loss of a loved one. The surviving family can file a wrongful death claim for incidents like car accidents, medical malpractice, or an intentional act that results in death.
Example scenarios that may lead to a wrongful death claim include:
- A passenger vehicle crashes into a pedestrian legally crossing the crosswalk and kills them;
- Two vehicles collide head-on after one driver falls asleep, killing the other driver;
- A deadly collision between a motorcycle and truck due to the truck not seeing the motorcycle;
- A construction worker getting crushed and killed after a machine malfunction at a construction site; or
- A multi-car pile-up caused by a stop light malfunction causes several deaths.
If you’ve recently experienced the traumatic loss of a loved one from a car accident in Louisville, Kentucky, contact Morrin Law Office to represent your wrongful death case.
Establishing Fault in a Wrongful Death Suit
Before seeking compensation for the wrongful death incident, you must first establish fault. This entails gathering evidence that proves the other party was responsible for the death, and any resulting financial damages caused by the family member’s death. To determine fault in a wrongful death suit in Kentucky, the following elements must be established:
- Duty of Care – There was a legal obligation from the at-fault person to act safely and reasonably, such as operating their vehicle within the laws of the road.
- Breach of Duty – The person at fault did not meet this standard of expected care, such as falling asleep at the wheel, driving under the influence, or speeding.
- Causation – Due to the breach of duty from the at-fault party, a person died as a direct result. In other words, the death would not have occurred if not for the reckless or negligent act.
Reminder: Kentucky is considered a pure comparative fault state. Even if both parties are found partially at fault for the deadly collision, the surviving members of the deceased are still eligible to seek compensation through a wrongful death claim. In this instance, the amount of fault will be reduced from available compensation that can be awarded.
Do you have questions about the process of filing wrongful death suits in Kentucky? Call Morrin Law Office to receive a free consultation regarding your case.
How to Recover Damages for Wrongful Death Incident in Kentucky
Wrongful death claims differ from a standard personal injury claim because the affected person cannot seek compensation for the injuries. Due to the sudden death, the law provides that certain individuals may file a wrongful death claim on their lost loved one’s behalf. Kentucky allows certain family members or partners to recover damages, which may include any of the following:
- Medical bills
- Funeral costs
- Loss of benefits
- Loss of financial support
- Loss of consortium
- Punitive damages
Did you recently lose a family member and are unsure where to start with a wrongful death suit? Collecting evidence of the financial losses will help when building your case. The attorneys at Morrin Law can answer any questions you may have when you call our office at (859) 358-0300.
How to Divide a Wrongful Death Settlement
Additional rules must be followed when filing a wrongful death claim. First, only the executor, of the deceased person’s representative, is eligible to file the wrongful death claim on their behalf. Depending on the surrounding details and outcome of the case, Kentucky law breaks down the hierarchy of those who can receive the awarded compensation:
- The surviving spouse receives full awarded compensation: In a case where there are no surviving children or descendants but a spouse.
- The surviving spouse and children split awarded compensation evenly: In a case where there is a surviving spouse and surviving children.
- The surviving child or children will split awarded compensation evenly: In a case where there are surviving children but no surviving spouse.
- The deceased’s parents receive full awarded compensation: In a case with no spouse or children but surviving parents of the deceased.
- Settlement goes to the estate: In a case with no surviving children, spouse, or parents.
As each case will be unique in its details, working with an attorney experienced in wrongful death suits can be extremely helpful to your case.
If you’re wondering how long a wrongful death claim takes to conclude in Kentucky, there is no set time. Several factors can impact the length of time it will take to settle a claim. The insurance agency is the first to offer a settlement. It would be up to the deciding family members to accept this offer or seek to file a lawsuit. This could result in going to court, in which a skilled personal injury attorney is highly advised. Morrin Law has established lawyers who are prepared to represent you in the courtroom and fight for you and your family to win the compensation you deserve.
However, it is imperative to make note of the statute of limitations when it comes to filing. This is the amount of time available to initially file the claim to get the case started. Kentucky provides the following time limits for filing wrongful death cases:
- One year from the date the executor is appointed; or
- Two years from the date of the family member’s death if the executor was appointed more than one year after the date of the death.
Most attorneys will warn you about the downside of filing late. Your case can end up getting barred from moving forward, meaning you would not be up for receiving any compensation for your loved one’s death. To avoid this, make sure to collect all evidence and contact Morrin Law Office as soon as possible. Our team is here to guide you through this challenging time, providing legal support and guidance to get you awarded fair compensation.
Example Cases in Louisville, Kentucky
- November 2024 – One person died in a collision involving a pedestrian and several passenger vehicles on I-265 in southern Jefferson County. Louisville Metro Polic responded to the crash, where a pedestrian was struck while trying to move something out of the road. Two other vehicles were involved in the crash, but it was unclear if the pedestrian was hit by more than one driver. All drivers involved were transported to the hospital for non-life-threatening injuries—whereas the pedestrian later died of his injuries.
- September 2024 – Three people were hospitalized, and one died in a head-on collision that took place along I-265. The crash occurred around 10pm when the driver of a Toyota Corolla was operating their vehicle recklessly on the opposite side of the road. While traveling northbound in the southbound lane toward Stonestreet Road, the driver crashed into a Hyundai Sonata with three people inside. One of the passengers of the Sonata died at the scene, and the other two were transported to the hospital in critical condition.
How Morrin Law Can Help
The death of a family member or loved one is excruciatingly difficult. While there is truly no timeline for the grief and emotional anguish that comes with losing someone in a negligent accident, the negative impact is two-fold. In addition to no longer having that person in your life, there is also the reality of losing out on financial support or benefits after their death. There are also funeral costs or remaining medical bills from surgeries or attempted life-saving procedures to consider. No one expects to lose their loved one, especially in a freak accident like a car accident. However, if the incident was considered negligent, you may be able to receive financial compensation to help with the damages caused by the incident.
The legal team with Morrin Law is here to help with your case. We’ve worked with individuals across the state of Kentucky who are injured or experiencing the loss of their parent, child, or partner due to a reckless action of another person. We can contact the insurance agents on your behalf to negotiate a fair settlement. If your case requires going to court, we will represent you and fight for the best possible outcome. Contact our office today at (859) 358-0300 and receive a free consultation.