Handling Wrongful Death Claims in Louisville & Throughout Kentucky
We Handle Wrongful Death Claims in Shelbyville and Throughout Kentucky
At Noakes Law Group, our Shelbyville wrongful death attorneys are compassionate, experienced advocates for grieving families. While nothing could ever truly be enough to make up for the loss of a family member to an accident that never should have happened, we know that you need justice, closure, and financial support. If your loved one was killed due to the negligence of any other party, it is imperative that you have an experienced attorney on your side. Contact our Shelbyville wrongful death lawyer today for a free, strictly confidential, and no-obligation initial appointment.
We Handle All Types of Wrongful Death Claims in Shelbyville, Kentucky
The loss of a close loved one to an accident that could have been prevented with the proper safety precautions is devastating. It is one of the hardest and heaviest burdens that a person could ever be forced to shoulder. At Noakes Law Group, we are committed to taking care of the legal needs of grieving families so that they have the resources that they need to focus on healing. Our firm takes on all types of wrongful death claims. Along with other types of wrongful death cases, our Shelbyville wrongful death lawyer has the experience needed to help grieving families with:
- Automobile accidents
- Semi-truck accidents
- Motorcycle crashes
- Pedestrian collisions
- Fall accidents
- Negligent security claims
- Medical malpractice
- Nursing home abuse/neglect
- Dangerous and defective products
What to Know About Wrongful Death Laws in Kentucky
Was your loved one killed in an accident in Shelbyville or Shelby County? Your wrongful death case will fall under Kentucky law. The statute for wrongful death cases in the commonwealth is K.R.S. § 411.130. It outlines the approach for handling claims when an individual’s death is caused by the wrongful act or omission of another. Understanding these laws is crucial for grieving families. Here are two of the most important points to know about Kentucky’s wrongful death laws:
- Personal Representative Must Bring Claim: Not just any person can file a wrongful death lawsuit. Indeed, unlike in many other jurisdictions, individuals do not bring these claims at all in Kentucky. Instead, the wrongful death claim must be initiated by the personal representative of the deceased’s estate. The personal representative is an individual who is appointed by the court and has the responsibility to manage the estate’s affairs, including filing a wrongful death lawsuit. The requirement ensures that the claim is managed efficiently and in the best interests of the estate and the beneficiaries—which can include immediate family members such as spouses, children, and sometimes parents. If you have any questions about who should serve as the personal representative for a wrongful death claim, our Shelbyville, KY wrongful death lawyers can help.
- Liability is Based on Fault: Liability in a wrongful death case in Kentucky hinges on the concept of fault. Unfortunately, you cannot trust a defendant and/or insurance to step up and assume liability in these cases. For a wrongful death claim to be successful, it must be proven that the death resulted from someone’s negligence, recklessness, or intentional actions. Negligence takes many forms—from a driver’s carelessness that caused a fatal car accident to a healthcare professional’s malpractice that contributed to a patient’s death. No matter the specific circumstances of the case, establishing fault is a critical step in bringing a wrongful death claim in Kentucky.
Know the Statute of Limitations for a Wrongful Death Lawsuit
Grieving family members—who must work through a personal representative of the deceased—have a limited period of time to bring a wrongful death lawsuit in Kentucky. Under Commonwealth law (K.R.S. § 411.180), these cases are subject to a two-year statute of limitations. In other words, any wrongful death lawsuit generally needs to be filed within two years of the date of a victim’s death. You and your family do not want to wait to get started with the civil claims process. Consult with an experienced Shelbyville wrongful death lawyer right away.
An Overview of Wrongful Death Compensation
No amount of financial compensation could ever make things right after a fatal accident/incident. At the same time, it is the primary remedy of the civil legal system. Further, grieving families in Shelbyville need the absolute maximum level of financial support. There are three categories of wrongful death damages in Kentucky:
- Economic Damages: The first category is economic damages. Broadly speaking, these damages are tangible financial losses that are directly related to the victim’s death. Some of the most notable examples include out-of-pocket medical expenses incurred before the death, funeral and burial costs, loss of the deceased’s expected earnings, and loss of benefits (such as pension plans or medical coverage).
- Non-Economic Damages: Without question, the primary harm caused by losing a loved one is non-economic. Non-economic damages are intended to compensate for the intangible losses suffered by the survivors. Grieving family members have a right to seek wrongful death compensation for loss of love, loss of companionship, loss of affection, loss of consortium, and loss of parental guidance. While non-economic damages are inherently more subjective, they are no less real or no less important.
- Punitive Damages: Punitive damages are less common. In a Kentucky wrongful death case, they can be awarded if the defendant’s actions were especially reckless or malicious. Unlike economic and non-economic damages—which aim to compensate the victim’s family for losses they suffered—punitive damages are designed to punish the wrongdoer and deter similar conduct in the future. Still, the punitive damages are awarded to the family.
How Noakes Law Can Help
Noakes can handle your wrongful death case.
Wrongful Death Claims in Shelbyville, KY: Frequently Asked Questions (FAQs)
Can Any Family Member File a Wrongful Death Case in Kentucky?
No. In Kentucky, not every family member is eligible to file a wrongful death claim. First and foremost, the claim must be filed by the personal representative of the victim’s estate. This individual is, generally, the executor named in the decedent’s will. If there is no will, a court will appoint a personal representative. Further, any compensation recovered is for certain close family members, such as a surviving spouse, surviving child, or potentially, surviving parents/next-of-kin. Unfortunately, not every person who was close to the victim has rights under the Kentucky wrongful death law.
What if there is a Criminal Case Against the Defendant?
For some fatal incidents, a criminal case may also be opened against the defendant. The most common example is a fatal drunk driving crash. The drunk driver will often be arrested and charged with a serious felony offense. The criminal case can be relevant for civil legal proceedings. Still, a civil wrongful death claim is a separate cause of action. The criminal case itself will not help grieving family members get wrongful death compensation.
Can the Statute of Limitations in a Wrongful Death Claim Ever Be Extended?
Yes. However, an exception to the Kentucky wrongful death statute of limitations will only apply in very narrow circumstances. The most common is when the death was not and could not reasonably have been known at the time that it actually occurred. For example, imagine a tragic situation where a person went missing. Years later, an arrest is made. It turns out they were kidnapped and murdered by a criminal assailant. An investigation reveals that the apartment building that they lived in had negligent security practices. A wrongful death lawsuit may be filed beyond the standard two-year statute of limitations against that apartment building on the grounds of premises liability under the discovery rule exception—death was not immediately known.
How the Shelbyville Wrongful Death Attorneys at Noakes Law Group Can Help
The loss of a family member to an accident caused by negligence is one of the most devastating, soul-wrenching experiences that any person can ever be forced to endure. At Noakes Law Group, we fight relentlessly for justice for grieving families. When you reach out to our law firm, you will have an opportunity to connect with a Shelbyville wrongful death attorney who can:
- Hear what you have to say and answer questions about wrongful death laws.
- Investigate the fatal accident/incident—gathering the evidence to prove liability.
- Navigate the claims process, including any settlement negotiations with insurers.
- Take aggressive action to help you and your family get justice and accountability.
We represent grieving families in wrongful death claims in Shelby County on a contingency fee basis. Not only are initial consultations free and strictly confidential, but our law firm never charges upfront costs or hourly bills. Our Shelbyville, KY wrongful death lawyers only get paid when you and your family recover compensation.
Contact Our Shelbyville Wrongful Death Lawyer for a Free, Confidential Consultation
At Noakes Law Group, our Shelbyville wrongful death lawyers have the professional expertise and proven legal experience that you can trust when it matters most. Call us now or contact us online for your free, no-commitment initial consultation. Our firm represents grieving families in wrongful death cases in Shelbyville, Shelby County, and throughout the entire surrounding area.
