Wrongful Death Lawyer in Richmond, Kentucky

What is Wrongful Death?

Kentucky law defines wrongful death as the death of a person that results from an injury caused by the negligence or wrongful act of another person.

When referring to a wrongful death claim, it means that a person has died due to the legal fault of another person or party, such as by:

1. A negligent incident, like a car accident;
2. Medical malpractice; or
3. An intentional act.

Wrongful death claims differ from a standard personal injury claim because it implies that the victim has died, meaning they cannot claim compensation for the damages themselves. Instead, there must be an appointed person to file the claim on the deceased’s behalf.

Examples of Accidents Resulting in Wrongful Death 

The following lists examples of the type of wrongful death accidents represented by Kentucky attorneys at Morrin Law:

• A two-car collision resulting in the death of one of the drivers;
• An accident involving a passenger vehicle and a killed pedestrian;
• A collision between a truck and a motorcycle in which the motorcyclist died;
• A semi-truck’s collision with cars on the highway, resulting in several deaths;
• A machinery malfunction at a construction site resulting in the death of a construction worker;
• A construction sign not up to code that resulted in a deadly car crash;
• A motorcyclist following too close to a semi-truck and crashing underneath it; and
• A stop light malfunction that causes a multi-car crash with several deaths.

If you have recently lost a loved one in a motor vehicle accident and need legal guidance on filing a claim, contact the Kentucky wrongful death attorneys with Morrin Law.

How to Determine Fault for Accidents Resulting in Death 

To establish whether you have grounds for a wrongful death claim, you will need to show that the negligent actions of another person or party caused the death of your loved one. In other words, it is important to have evidence that supports the claim that the other driver is liable for the resulting damages. The following elements are needed to establish the at-fault party in a wrongful death case:

• Duty of Care – The at-fault person had the legal obligation to act safely and reasonably. In this case, the driver would have the duty to safely operate their vehicle while on the road and around other drivers.
• Breach of Duty – The at-fault person failed to meet the standard of care expected of a reasonable person. For example, if the at-fault driver was operating their vehicle while under the influence of alcohol has breached their duty to other drivers. 
• Causation – The breach of duty caused by the at-fault person was the direct cause of the victim’s death. This means the death would not have occurred if not for the defendant’s actions. 

It’s important to note that Kentucky is a pure comparative fault state. This means even if the deceased person was partially at fault for the accident, the surviving family may still be eligible to receive compensation through a wrongful death suit. The percentage of fault is reduced from the potential compensation to be awarded. 

If you have any questions about fault or how to establish who is responsible for the damages in your wrongful death case, contact the wrongful death attorneys at Morrin Law. Our firm represents those in Richmond and the surrounding areas of Kentucky.

How are Wrongful Death Settlements Paid Out?

If you recently lost a family member in a wrongful death accident, you may be wondering what options you have for collecting damages. In Kentucky, the law provides that certain family members can collect compensation for damages by the at-fault party. Typically, compensation is paid from the insurance company of the liable party. The awarded compensation is meant to cover the damages, or resulting financial losses caused by the accident. This can include any of the following: 

• Medical bills
• Loss of financial support 
• Loss of benefits
• Loss of companionship
• Loss of care and nurturing
• Loss of consortium 
• Punitive damages (if death is found to be through gross negligence)

Keeping documentation of the resulting damages from a wrongful death incident is imperative for building your case. If you plan to seek compensation for a deadly motor vehicle accident that took place in Richmond, consult with the team at Morrin Law Office.

Who Claims Compensation in a Wrongful Death Claim?

Under Kentucky law, only certain individuals have the power to file or collect compensation for a wrongful death claim. The deceased’s executor, or personal representative, is the one with the power to file a wrongful death claim or wrongful death lawsuit. However, just because the representative is the one assigned to file does not mean they are the only ones receiving compensation. 

Under KRS 411.130, any awarded compensation is distributed as follows: 

• In a case with no surviving children or descendants, the surviving spouse receives the entire settlement.
• If there is a surviving spouse and children, the settlement will be split and distributed evenly among them.
• If there are surviving children but no spouse, the children will receive the entire settlement. 
• In a case with no spouse or children, the deceased’s parents would receive the settlement. 
• In a case with no surviving spouse, children, or parents, the entire settlement becomes part of the estate, which is later distributed according to Kentucky probate laws.

How Long Does a Wrongful Death Case Take?

It’s worth noting that there is no set amount of time for concluding a wrongful death case in Kentucky. Each case is different, and a range of factors can affect how long the process takes. When you first enter a wrongful death claim, the insurance carriers are the ones who offer settlement negotiations. If the claim is denied or if you refuse the settlement offer, the case can go to court as a lawsuit. In court, the case will go through the discovery process, investigation, and settlement offered by the insurance adjuster. 

Kentucky provides specific time frames for filing these types of cases. The statute of limitations for wrongful death cases is as follows: 

• One year from the date the executor is appointed; or
• Two years from the date of the deceased’s death if the executor was appointed more than one year from the date of the death. 

These time constraints are extremely important, as attempting to file past the statute of limitations can result in your case being dismissed. This would prevent you from receiving the compensation this type of case deserves. Call to speak with a Kentucky wrongful death lawyer with Morrin Law if you have questions regarding the statute of limitations for your case.

How a Morrin Law Wrongful Death Lawyer Can Help Your Case

While attempting to navigate a wrongful death claim on your own is an option, it is in your best interest to consider hiring legal representation. Personal injury claims are already complex–not to mention the additional complexities that arise in cases where the victim has died. Due to this, hiring a Kentucky lawyer who is experienced in wrongful death cases can add immense value to your case. If you entrust the attorneys with Morrin Law with your claim, we can assist you in the following ways: 

• Collection of evidence: After a tragic accident resulting in death, following legal steps and procedures is understandably the last thing on a person’s mind. Morrin Law can help establish what type of evidence you will need to support your claim. 
• Negotiations with insurance: One of the most daunting parts of personal injury claims is dealing with the insurance agencies. Even when it is your insurance adjuster, it’s important to remember that they are not on your side. To ensure you are being offered a fair settlement, a lawyer with Morrin Law can help you by negotiating with the insurance adjusters on your behalf. 
• Representation in the courtroom: If you believe the settlement offered to you was unfair, you can refuse to accept it. This may require your case to continue in the courtroom. At this stage, you must have legal representation you can trust. The wrongful death attorneys with Morrin Law will do everything we can to accurately represent you in the courtroom and fight for a fair settlement. 
• Legal guidance and support: One of the most valuable aspects of hiring a reliable wrongful death attorney is the support and legal guidance offered. Morrin Law attorneys understand that this is an extremely stressful time in your life. Our goal is to lessen the stress over the legal aspects while you focus on making a mental and emotional recovery from your loss. 

Take advantage of a free consultation with a Kentucky wrongful death attorney at Morrin Law. We will review your case details to determine if hiring us can provide significant value to your case. 

Example Cases of Deadly Accidents in Richmond, KY

• March 2024 – An accident that occurred at the intersection of US 25 and Berea Bypass resulted in the death of a motorcyclist. The report indicates that the motorcycle operator was struck by another vehicle after entering the intersection, and while not wearing a helmet. The motorcycle made an impact with another vehicle that was not moving. Madison County Coroner received the call around 5 am and pronounced the motorcyclist dead at the scene.
• May 2024 – The Kentucky State Police responded to a collision between a passenger vehicle and a pedestrian taking place in Lee County on KY 11. The report states the pedestrian was on the roadway when the driver of a GMC Acadia struck them. Lee County Coroner reported that the pedestrian was fatally injured and pronounced dead at the scene.
• September 2024 – An accident along 1740 Berea Road near the Okonite plant resulted in another fatality. The crash occurred between a passenger vehicle and an electric unicycle. Madison County Coroner’s Office was called to the scene, where they pronounced the struck unicyclist dead.

Contact Morrin Law Office Today 

Losing a family member or loved one in an unexpected accident can quickly turn life upside down. On top of the mental and emotional anguish, there are also legal responsibilities, such as determining who was at fault and what compensation will be awarded, if any. The Kentucky personal injury attorneys with Morrin Law are devoted to guiding and supporting our clients so they can move forward with life after such a tragic loss. If you are feeling lost and unsure how to manage the legal ins and outs of a wrongful death personal injury claim, we can provide you with a risk-free consultation. During this call, we will review the details of the accident and decide if we believe we can add value and help you get awarded the compensation you deserve. Contact Morrin Law Office today at (859) 358-0300.

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.