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Jeffersontown Wrongful Death Attorney

A wrongful death is the worst kind of family tragedy. In addition to the sudden and unexpected loss, family members have to deal with anger, resentment, confusion, anxiety, and other distressing feelings. There are also so many questions. How could this have happened? What are you going to do moving forward?

While money can never replace a lost loved one, Kentucky law allows surviving family members to seek financial compensation for accident-related damages like medical expenses, funeral bills, loss of household income, and loss of the care, companionship, and guidance of the deceased. The wrongful death lawyers at The Schafer Law Office are here to help your family pursue the compensation that can allow the healing to begin.

What Accidents Could Lead to a Wrongful Death Claim in Jeffersontown, KY?

For a wrongful death claim to succeed in Kentucky, the death must have been caused by the negligence, recklessness, or intentional act of another party. A wrongful death claim can arise from a variety of accidents, including:

  • Car Accidents: If a driver was negligent and caused a fatal car crash, the victim’s family may have a wrongful death claim. Common examples of reckless behavior include DUI, texting and driving, and ignoring traffic laws.
  • Truck Accidents: Commercial trucks like big rigs are massive vehicles that can inflict fatal injuries in a crash. Depending on the circumstances, the truck driver and their employer may be held accountable.
  • Motorcycle Accidents: Motorists don’t always pay attention to motorcycle riders. When a collision occurs, it’s typically the motorcyclist who suffers catastrophic injuries.
  • Pedestrian Accidents: Compared to motorists, pedestrians have no protection when a vehicle crashes into them. A significant number of pedestrian accidents result in fatal injuries.
  • Medical Malpractice: If a healthcare provider fails to provide proper treatment or misdiagnoses a condition, leading to the death of a patient, the patient’s family may be able to file a claim against them.
  • Premises Liability: If someone slips and falls on another party’s carelessly-maintained property and death results, the victim’s family may be entitled to make a wrongful death claim against the owner.
  • Workplace Accidents: Some industries, such as construction, are inherently dangerous. If an employee is killed on the job due to the negligence of an employer or a third party, their family may be able to hold them accountable.

A Jeffersontown wrongful death attorney can review the circumstances of your loved one’s death and confirm that you have a case. If you do, they can assist you in filing a claim before Kentucky’s one-year statute of limitations is up.

Compensation in a Jeffersontown, KY Wrongful Death Claim

In a wrongful death claim, the surviving family members may seek compensation for several types of damages, including:

  • Medical and Funeral Costs: Your family may be able to recover medical costs incurred if your loved one’s injuries weren’t immediately fatal, as well as funeral expenses afterward.
  • Loss of Financial Support: Compensation may be available for lost earnings and retirement benefits. Our wrongful death attorneys will work with economic experts to assess the economic loss your family has suffered as a result of a wrongful death.
  • Loss of Consortium: A surviving spouse may be entitled to compensation for the loss of services, assistance, aid, society, and companionship of the deceased. Parents who lose their minor children may receive compensation for their loss of love, affection, and companionship. Children may also receive compensation for the loss of services, assistance, aid, society, and companionship of their deceased parents.
  • Punitive Damages: Punitive damages may be awarded by courts in cases involving intentional, reckless, or grossly negligent conduct. The purpose of these damages is to discourage others from engaging in similar dangerous behaviors.
  • Pain and Suffering: If your loved one was in pain or aware of their impending death, you may be entitled to compensation.


Who Can File a Wrongful Death Claim in Kentucky?

Kentucky law allows the personal representative of the deceased’s estate to file a wrongful death lawsuit. This party is usually named in the decedent’s will. In the absence of a will, the court will appoint someone to fulfill the necessary duties.

Once the personal representative has been appointed, he or she can file a wrongful death lawsuit on behalf of the estate and surviving family members. The damages recovered in a successful action are typically distributed to the deceased person’s surviving spouse, children, and/or parents, depending on who survives them.

Does My Family Really Need a Jeffersontown Wrongful Death Attorney?

Although you’re not legally obliged to hire a lawyer for your family’s wrongful death claim, there are several advantages to doing so. Not only will they thoroughly investigate the fatal accident and gather evidence to build a strong case on your behalf, but they will also:

  • Explain how Kentucky’s wrongful death laws work so that you can better understand your family’s rights and options.
  • Negotiate with the defendant or their insurance company to reach a fair settlement on your behalf.
  • Represent you in court if necessary. Wrongful death claims can involve a lot of money, and an attorney with trial experience can put you on an equal playing field with the insurer and their lawyers.

A wrongful death lawsuit can be complex and time-consuming, but a Jeffersontown personal injury attorney will handle all the legal details, so you can focus on grieving and healing. If you have lost a loved one due to someone else’s negligence or intentional act, let The Schafer Law Office help you seek justice and obtain the compensation your family deserves.

We Literally Wrote the Book on Wrongful Death Lawsuits in Kentucky

Attorney Mike Schafer wrote this book for those who need help in navigating what the best options are for their case. Read more about The Wrongful Death Book and find out how to get a copy by clicking below.

Wrongful Death Book

Get a Free Consultation From a Jeffersontown Wrongful Death Attorney

If you lose a family member due to the negligent or careless actions of another, contact The Schafer Law Office. Our experienced attorneys understand how difficult this time is for you, and they are here to assist you in your journey through the justice system. You can count on them to fight vigorously for your family’s rights and manage your case effectively and efficiently. 

Our fatal accident lawyers take wrongful death cases on a contingency basis, meaning that you owe nothing upfront and only pay us if we win your case. To learn more, please contact us online for a free consultation today.