Wrongful Death Lawyer in Owensboro, Kentucky

What is a Wrongful Death Claim?

A wrongful death claim is a unique legal action that takes place when an individual’s death is caused by another person or party’s recklessness or intentional misconduct. Common causes of wrongful death cases may include, but are not limited to:

• Car accidents caused by distracted driving or operating a vehicle under the influence;
• Medical malpractice or surgical errors;
• Fatal workplace accidents caused by faulty machines or lack of safety measures; or
• Defective products or unsafe premises.

If your loved one’s death was preventable and caused by another’s actions, you may be eligible to file a wrongful death lawsuit in Owensboro, Kentucky.

Who Can File a Wrongful Death Claim in KY?

Under Kentucky law (KRS 411.130), only the personal representative of the deceased’s estate can file a wrongful death lawsuit. What does this mean? In a person’s will, they are required to select someone—outside of the family—to be named as their personal representative. In the event of their death, this person shall take responsibility for any legal actions relating to their death. In cases where the deceased did not have a will in place, the court will appoint someone as the personal representative.

Under the same Kentucky law, any compensation awarded in a successful wrongful death suit shall be distributed to the surviving family in the following order:

• If the deceased leaves a widow or husband but no children, the surviving spouse receives the full compensation amount.
• If the deceased leaves a spouse and children, then ½ of the awarded compensation goes to the partner and the other ½ goes to the children.
• If the deceased only leaves surviving children and no spouse, then the full compensation goes to the child or is split among the children.
• If the deceased leaves no spouse or children, then the awarded compensation goes to the surviving parents of the deceased, or to whichever parent is still alive.
• If the deceased leaves no spouse, children, or surviving parents, then the full compensation goes to the personal estate of the deceased, and after any debts are paid, the remainder shall be passed to the more remote kindred, according to the law of descent and distribution.

If you are unsure about your eligibility to file or receive compensation in a wrongful death case, our Owensboro wrongful death attorneys can help you understand your rights.

What Compensation is Available Through a Successful Claim?

Any awarded compensation in a wrongful death suit is meant to alleviate the financial burdens that have resulted from the family member’s death. These damages can include:

• Medical expenses such as ambulance rides, attempted life-saving procedures, and any other expenses related to the deceased’s final injury or illness;
• Funeral and burial costs;
• Lost wages caused by the deceased no longer being able to work;
• Lost benefits the deceased would have earned had they not been wrongfully killed;
• Loss of companionship, love, and support for surviving family members;
• Pain and suffering experienced by the deceased prior to their passing; and
• Punitive damages in cases where there is evidence of gross negligence.

Important Aspects of a Wrongful Death Case

There are important aspects to consider when filing a wrongful death claim. To ensure you have built a compelling case, you should consider the following:

• Collecting evidence to support the claim of a wrongful death. This can include:
  • Medical records;
  • Police reports; and
  • Witness statements.
• Have proof of a negligent or reckless act leading to the wrongful death;
• Work with experts such as accident reconstruction specialists or medical professionals to strengthen the case; and
• Negotiate with the insurance companies to ensure you are being awarded the highest settlement possible.

In addition to providing optimal evidence to support the case, you will also need to abide by Kentucky’s Statute of Limitations. This is the allotted time the personal representative is given to file a claim. While the limitations grant personal injury cases two years from the accident or date of discovered injury, wrongful death claims have one year to file. This means from the date of the deceased’s death or the date the representative is appointed. Failure to file a claim within the given timeframe can result in you being prevented from filing, meaning you will no longer be eligible for any awarded compensation to help with the resulting financial burdens.

If you have questions about any of the important legal aspects of a wrongful death suit in Owensboro, consider reaching out to the attorneys with Morrin Law.

Example Case in Owensboro, KY

• January 2025 – The Coroner in Daviess County confirmed two deaths in a fatal accident between a semi-truck and a pickup truck. According to Daviess County Sheriff’s Office, the crash occurred around 7:30am, Westbound on Highway 60. The semi-truck had crossed the highway going northbound on Hawes Boulevard when the pickup truck struck it. The force of impact caused severe damage to both vehicles and caused the rolled aluminum within the semi to come loose. The driver of the pickup truck died on impact, and the passenger later died in the hospital from their injuries.

Hiring a Personal Injury Attorney in Kentucky

Navigating a wrongful death claim can be complex and emotionally overwhelming. It is understandable if dealing with civil claims is the last thing on your mind given the grief and sheer shock that accompany these types of cases. However, time is of the essence. It is important to comply with all legal aspects to ensure you and your family receive the compensation you deserve. If you choose to work with the attorneys at Morrin Law Firm, our team can assist by:

• Investigating your loved one’s cause of death and gathering convincing evidence to support the claim;
• Negotiating with insurance companies on your behalf for a fair settlement offer;
• Filing all necessary legal documents within Kentucky’s Statute of Limitations; and
• Representing you in the courtroom if a fair settlement cannot be reached through negotiations.

Let our wrongful death lawyers take on the bulk of legal work so you can focus on your family’s healing, both mentally and emotionally. Don’t wait to seek justice—contact Morrin Law Firm today at (859) 358-0300 to receive a risk-free case evaluation to discuss the important details and make a plan for filing. Our compassionate wrongful death attorneys in Owensboro are ready to fight for you.