Handling Wrongful Death Claims in Louisville & Throughout Kentucky
We Fight for Justice for Grieving Families in Lexington: Contact Us Today for a Free Consultation
At Noakes Law Group, our Lexington wrongful death lawyers are compassionate, experienced, and dedicated advocates for justice. With the legal expertise needed to take on the full range of fatal accidents—from motor vehicle collisions to medical malpractice claims—our law firm is here to protect your rights and your interests. If you lost a family member in an accident, we can help. Contact us today for a free, confidential consultation with a Lexington wrongful death attorney.
Know the Law: Wrongful Death in Kentucky
A wrongful death claim is a civil cause of action. Under Kentucky law (Kentucky Statute § 411.130), such a claim may be brought when “the death of a person results from an injury inflicted by the negligence or wrongful act.” In other words, if your family member was killed in an accident caused by the carelessness, recklessness, or other negligent act of another party, you can hold that party legally liable through a wrongful death claim.
How do you establish liability in a wrongful death claim in Kentucky? Plaintiffs must prove that the defendant’s negligence contributed to their loved one’s fatal accident. For example, imagine your loved one was killed in a crash at an intersection in Lexington. An investigation reveals that a drunk driver ran a red light and struck their vehicle. That evidence—the DUI and the traffic violation—would be used to prove negligence and establish liability for the wrongful death.
Our Firm Handles All Types of Wrongful Death Claims in Lexington, Kentucky
Unfortunately, accidental deaths can occur in a wide range of different situations. Noakes Law Group handles all types of wrongful death claims in Lexington, Fayette County, and throughout the Commonwealth. Along with other cases, we have experience with:
- Car Accidents
- Semi-Truck Accidents
- Motorcycle Wrecks
- Pedestrian Collisions
- Negligent Security
- Nursing Home Abuse/Neglect
- Medical Malpractice
- Dangerous and Defective Products
The Personal Representative Must File the Wrongful Death Claim
Sadly, not every person who had a close relationship with the deceased victim has rights under Kentucky’s wrongful death law. An untimely death can impact an entire community. However, only close family members of the victim typically have a right to pursue compensation through a civil wrongful death lawsuit in Kentucky.
Notably, in Kentucky, a civil wrongful death claim must be filed by the personal representative of the deceased’s estate. The representative—usually the executor named in the will or a trusted person as appointed by a probate court (no will)—acts on behalf of the estate’s beneficiaries. Their duties include handling the estate’s affairs and pursuing compensation through any wrongful death case.
A One-Year Statute of Limitations for Wrongful Death Lawsuits in Kentucky
Grieving families have a limited amount of time to pursue a wrongful death lawsuit in Kentucky. In fact, the Commonwealth has a shorter statute of limitations for civil wrongful death claims than most other U.S. jurisdictions. Kentucky law imposes a strict one-year statute of limitations for filing wrongful death lawsuits. With very few exceptions, the time limit begins from the date of the deceased’s death. It is crucial for the personal representative to initiate legal proceedings within this timeframe. Be proactive: Consult with a Lexington wrongful death lawyer as soon as possible.
How Noakes Law Can Help
Noakes can handle your wrongful death case.
Recovering Compensation for Wrongful Death in Lexington
There is no amount of financial compensation that will ever be sufficient to make things right after a loved one’s fatal accident. At the same time, you and your need justice, closure, and financial support. Financial compensation is the primary remedy for a wrongful death that can be granted through a civil claim in Kentucky. The following types of compensation may be recovered through a wrongful death claim in Lexington:
- Economic Damages: These cover the tangible, quantifiable financial losses resulting from the death. Some notable examples include out-of-pocket medical costs, funeral and burial expenses, and loss of financial benefits, such as health care insurance coverage.
- Non-Economic Damages: A wrongful death claim is primarily made up of non-economic damages. These address the intangible, yet profoundly impactful losses. They compensate for the emotional pain and suffering experienced by the survivors. In Kentucky, this includes loss of love, loss of companionship, loss of affection, and loss of parental guidance.
- Punitive Damages: While not always awarded in a wrongful death lawsuit in Kentucky, punitive damages may be granted in cases where the defendant’s actions were especially willful, malicious, or egregious. While still awarded to the grieving family, the purpose of these damages are meant to deter similar conduct in the future.
Why Trust the Lexington Wrongful Death Attorneys at Noakes Law Group
Dealing with the aftermath of a fatal accident is extremely challenging. The loss of a close loved one is heartbreaking. It is one of the most traumatic experiences that any person could ever be forced to endure. At Noakes Law Group, we are committed to protecting the rights of grieving families. Our firm is protective. Among other things, our Lexington wrongful death lawyers are ready to:
- Listen to your situation and answer legal questions about your wrongful death claim;
- Investigate the fatal accident—gathering the evidence to prove liability;
- Represent your family in any settlement negotiations; and
- Take aggressive action to protect your rights and help you maximize your compensation.
Grieving families deserve the absolute highest level of personalized, attentive legal representation. We invest time and resources into every wrongful death claim. Our client testimonials and record of case results tell the story best. After a loved one’s tragic accident, our Lexington wrongful death attorneys are more than ready to help.
Contact Our Lexington, KY Wrongful Death Lawyer Today
At Noakes Law Group, our Lexington wrongful death lawyer fights tirelessly to protect the rights of grieving families. If your loved one was killed due to negligence, we can help. Call us now or contact us online for a free, confidential, and no-obligation case review. We fight for the rights of grieving families in civil wrongful death claims in Lexington, Fayette County, and across Kentucky.
