Serving Families in Jefferson County, Floyd County, Clark County & Southern Indiana
Little in life is as painful as the loss of a loved one, especially when it happens suddenly in a negligence-based accident. Families may be left grieving while also facing unanswered questions, financial pressure, and the unfairness of a preventable death, particularly when the person who died was a primary earner or caregiver.
A wrongful death claim can provide a legal path to accountability and compensation for the losses the family suffers. Acting quickly matters because statutes of limitations apply and evidence can disappear, so early investigation and documentation can protect the strength of a wrongful death case.
Call (502) 532-2815 to speak with a Louisville wrongful death lawyer about your situation and what steps may be available for your family. Or request a confidential case review online to understand your options and how we can help you pursue accountability and financial support.
How Our Louisville Firm Handles Wrongful Death Cases
After a fatal accident, we begin with a consultation to document what happened, answer questions, and address immediate issues such as evidence preservation and insurance contact. We then outline a case plan and next steps so decisions are made with clear information.
We collect police reports, medical records, and employment and income documentation, and we calculate losses such as future earnings when applicable. We anticipate insurer defenses and build the wrongful death claim with the records needed for negotiation or litigation. We provide updates on settlement offers, court deadlines, and key milestones, and we take the case to trial in Louisville or Southern Indiana if a fair resolution is not offered.
Common Causes of Wrongful Death Cases in Our Region
Wrongful death claims can arise from many different events, but some patterns appear frequently in Louisville and the surrounding areas. Fatal collisions on major routes such as I-64, I-65, and the Gene Snyder Freeway are a common source of claims, especially when they involve commercial trucks, impaired drivers, or high-speed impacts. Serious incidents can also occur on local roads in Jefferson County, Floyd County, and Clark County, where congestion and pedestrian traffic increase the risk of catastrophic harm.
In addition to a car accident and other roadway crashes, we handle wrongful death cases involving falls on unsafe property, workplace incidents, and dangerous or defective products. Each situation involves different legal and factual issues, including who is responsible and what safety rules were violated. We review the evidence and apply Kentucky or Indiana law to identify every potential source of liability so the claim is not limited by an incomplete investigation.
Understanding Wrongful Death in Kentucky
Wrongful death is used in the legal field to describe a person’s death caused by someone else’s negligence, carelessness, recklessness, deliberate action, or other wrongdoing. Wrongful death claims are based on the idea that, had the deceased person lived, he or she would have had the right to pursue a personal injury claim for damages against the wrongdoer. Since the person did not survive, the representative of his or her estate is authorized to file such a claim on behalf of the deceased person’s surviving family members.
However, exceptions to this rule can apply in cases of children who have died or where the person died due to the use of a deadly weapon. Such claims can follow deaths caused by car accidents, motorcycle accidents, truck accidents, slip and fall accidents, pedestrian or bicycle accidents, criminal attacks, defective or dangerous consumer products, and more.
Your Rights & Options After a Wrongful Death
Experiencing the loss of a loved one due to someone else's negligence is devastating. At Schuler Law Office, we understand that navigating the legal landscape during this challenging time can be overwhelming. It is essential to know your rights and the options available to you. Our dedicated team of Louisville wrongful death attorneys is here to guide you through every step of the process.
When you choose to pursue a wrongful death claim, you may be entitled to various forms of compensation, including:
Eligibility to file: Typically, immediate family members such as spouses, children, or parents have the right to file a wrongful death claim. Understanding who can represent the deceased's estate is crucial.
Types of damages: Families may be entitled to various damages, including medical expenses, funeral costs, lost wages, and emotional suffering. Knowing what you can claim can significantly impact your financial recovery.
Statute of limitations: In Kentucky, there are strict time limits on filing wrongful death claims. It is vital to act quickly to ensure your case is heard.
Proving negligence: A successful wrongful death claim requires proving that the other party's negligence led to the death. Our team will work diligently to gather evidence and build a compelling case on your behalf.
Compassionate Wrongful Death Legal Services in Louisville, KY
As wrongful death attorneys serving Louisville and the surrounding areas, we have the professional experience and commitment to your needs that can make the legal journey less stressful for everyone involved. Our team knows that nothing can replace the person you lost, but justice through the courts can help bring a measure of closure.
We are committed to transparent communication and ensuring our clients are informed and comfortable throughout the legal process. Our firm’s reputation in Louisville and Southern Indiana is built on empathy and dedication to working toward the best outcomes for our clients. Rest assured, when you work with Schuler Law Office, you are choosing a partner who genuinely cares about your path to recovery and rightful justice.
Navigating Louisville’s Legal Landscape for Wrongful Death Cases
Understanding the specific legal landscape of Louisville is critical for effective wrongful death litigation. In Louisville, wrongful death cases are heard in the Jefferson Circuit Court, which requires adherence to specific local rules and procedures. Familiarity with these nuances enables our legal team to position your case advantageously from the outset.
What Type of Compensation Am I Eligible For?
Damages that can be awarded in these claims can include:
Funeral and burial expenses
Medical bills incurred to treat injuries before the person’s death
Pain and suffering the deceased may have experienced before death
Lost income or wages that would have been earned if the deceased had lived
Court costs and legal fees
Punitive damages where gross negligence occurred
Spouses can file separate claims when seeking damages for loss of consortium. Wrongful death claims are subject to filing deadlines in Kentucky. Discussing the specifics of your case with one of our Louisville wrongful death attorneys is the first step to take.
Frequently Asked Questions
What Is the Statute of Limitations for Wrongful Death in Kentucky?
In Kentucky, the statute of limitations for filing a wrongful death claim often spans one year from the date of the individual's passing. However, it is crucial to note that exceptions can arise depending on the specific circumstances of the case, such as the appointment of a personal estate representative. This timeframe underscores the importance of prompt legal consultation following an incident. At Schuler Law Office, we ensure our clients are fully informed of their timelines and rights, enabling them to act decisively.
Who Can File a Wrongful Death Claim in Louisville?
In Louisville, the right to file a wrongful death claim typically rests with the personal representative of the deceased’s estate. This individual acts on behalf of the surviving family members who have suffered losses due to the death. While immediate family members such as spouses, children, and parents are commonly involved, Kentucky law provides specific guidelines on claim eligibility. At Schuler Law Office, we provide clarity on these legal intricacies, ensuring that rightful claimants are appropriately represented and their interests safeguarded.
What Types of Damages Can Be Recovered?
Recoverable damages in a Kentucky wrongful death claim can be comprehensive, aiming to address various aspects of loss suffered by the family. These include tangible damages such as medical expenses and funeral costs, as well as intangible losses like pain and suffering, lost earning potential, and emotional distress. Kentucky law also allows for punitive damages in cases involving gross negligence, potentially enhancing the compensation awarded. At Schuler Law Office, we diligently assess all categories of damages applicable to your case, striving for full and fair restitution.
“This firm has experienced lawyers who are professional and aware of all the laws that govern our state! They are nice, well-informed, and hardworking! David Schuler is one of the best in town, if not the best!”
