Louisville Wrongful Death Lawyers

We Are Here for Your Family 24/7, Your Initial Consultation Is Free

Losing a family member because of someone else's negligence raises questions no family should have to face on their own: how the death happened, who is responsible, and what comes next. 

Schuler Law Office handles the legal investigation and insurance negotiations from the first call forward, so your family isn't navigating those questions alone.

We represent families throughout Louisville, Jefferson County, Floyd County, Clark County, and Southern Indiana, and every case gets the same thorough investigation from day one, regardless of size.

Call (502) 532-2815 for a free initial consultation with a Louisville wrongful death lawyer, or contact us online to schedule a meeting.

What We Do as Your Wrongful Death Attorneys

As your wrongful death attorneys, we handle every stage of the claim on your family's behalf:

• Help open an estate and get a personal representative appointed, if that hasn't happened yet, since it starts the clock on your filing deadline
• Request the police or incident report and secure medical and employment records
• Document the full extent of your family's loss, including lost income and the damages categories described above
• Prepare a demand package and negotiate directly with the insurer or responsible party
• File suit in Jefferson Circuit Court or the appropriate Indiana court if a fair settlement isn't offered
• Prepare the case for trial and keep your family updated on deadlines, offers, and next steps along the way

We Are Prepared to Take Your Case to Trial

Founding attorney David M. Schuler has practiced law in Kentucky since 1996, and our firm has taken more than 60 cases to a jury trial, including wrongful death matters in Jefferson County and Southern Indiana courts. We organize medical records, employment documentation, and liability evidence from the outset of every case, so the file is ready for trial if a fair settlement isn't offered. Insurers evaluate a demand differently when it comes from a firm with that record behind it.

To learn more about our team, take a look at the digital flipbook Attorney at Law magazine created to highlight Schuler Law Office.

Significant Wrongful Death Verdicts & Settlements

Schuler Law Office has recovered significant results for grieving families, including:

• $3.25 million for the family of an Indiana man who died in a head-on collision while driving home from work
• $910,000 for a Louisville family whose husband and father died when the vehicle he was riding in crashed into an ambulance

Every case turns on its own facts, and a past result doesn't predict the outcome of a new one. These results reflect what a claim built on thorough investigation and a firm willing to try a case can accomplish.

Common Causes of Wrongful Death in Louisville & Southern Indiana 

A wrongful death claim can follow from many different situations. We regularly represent families in cases involving:

• Fatal car, truck, and motorcycle accidents, including crashes on I-64, I-65, and the Gene Snyder Freeway
• Drunk or impaired driving crashes
• Pedestrian and bicycle accidents
• Workplace incidents and construction accidents
• Falls and other injuries caused by unsafe property conditions
• Defective or dangerous products
• Criminal acts, including assaults committed with a deadly weapon

Each of these situations involves different legal issues, including who is responsible and what safety rules were violated. We investigate every potential source of liability so the claim isn't limited by an incomplete picture of what happened.

Who Can File a Wrongful Death Claim in Kentucky & How Compensation Is Divided

Under KRS 411.130, a wrongful death claim in Kentucky must be filed by the personal representative of the deceased person's estate, not by family members directly. The personal representative may be the executor named in the deceased person’s will or an administrator appointed by the probate court. Depending on the circumstances, that person may be:

• A surviving spouse
• Adult children
• Parents

Once compensation is recovered, it is generally distributed as follows:

• If the deceased leaves a spouse but no children, the spouse receives the recovery.
• If the deceased leaves a spouse and children, the spouse receives one-half and the children collectively receive one-half.
• If the deceased leaves children but no spouse, the children receive the recovery.
• If the deceased leaves no spouse or children, the surviving parent receives the recovery, or both parents divide it equally if both survive.
• If none of those relatives survive, the recovery becomes part of the deceased person’s personal estate.

We help families identify who should serve as personal representative and, when an estate hasn't been opened yet, help get that process started quickly, since the filing deadline for a wrongful death claim depends on it.

How Long You Have to File a Wrongful Death Claim in Kentucky

Kentucky's wrongful death filing deadline depends on a few different factors:

• The type of underlying claim involved
• When the personal representative qualifies with the court
• Whether another statute sets its own filing period for that type of claim

Two rules commonly come into play:

• Under KRS 413.180, a personal representative generally has up to one year after qualification to file, subject to additional limits recognized by Kentucky courts.
• Claims arising from motor vehicle crashes can be governed by separate timing rules under the Kentucky Motor Vehicle Reparations Act.

Because the correct deadline is highly fact-dependent, we recommend having your family's timeline evaluated as soon as possible. Call (502) 532-2815 or message us online to start with a free initial consultation.

The Compensation & Damages We Help Families Pursue

Kentucky law allows a personal representative to recover several categories of damages on behalf of the estate and surviving family, including:

• Funeral and burial expenses
• Medical bills incurred to treat the deceased before death
• The destruction of the deceased's power to earn money, based on age, health, and earning history

Two additional claims are worth knowing about:

• Survival action. A claim for the pain and suffering the deceased experienced between the incident and their death can be joined with the wrongful death claim.
• Loss of consortium. A surviving spouse may bring a separate claim for the loss of companionship and support, and parents of a minor child who dies may have a similar claim.

When the at-fault party's conduct was willful or grossly negligent, Kentucky law also allows punitive damages. We evaluate every category above in each case we build.

Building a Wrongful Death Claim that Holds Up to Scrutiny

Schuler Law Office has represented the defense side of injury liability claims, so we know which parts of a wrongful death claim draw the closest scrutiny from insurers and opposing counsel. Common areas of dispute include:

• Comparative fault. The defense may argue the deceased contributed to the incident. Kentucky's pure comparative fault rule under KRS 411.182 can reduce a family's recovery based on that percentage, but it doesn't bar the claim outright.
• Lost earning capacity. Insurers often challenge the income, work-life expectancy, and career trajectory used to calculate the destruction of the deceased's power to earn money.
• Causation. In cases involving an underlying health condition, the defense may argue that condition, rather than the incident, caused the death.

We build the record to address each of these areas before they become a problem in negotiation or at trial.

Receive Direct Attorney Access from Intake to Resolution

Grieving families shouldn't have to re-explain their situation to a new staff member every time they call. Your case is handled by an attorney from the first consultation through resolution, not passed between case managers as it moves forward. Spanish language services are available for clients who need them, and we handle wrongful death cases on a contingency basis: no attorney fees unless we recover compensation for you.

Call (502) 532-2815 or contact us online to schedule a free initial consultation with an experienced Louisville wrongful death attorney.

Frequently Asked Questions

Who can file a wrongful death claim in Kentucky?

Only the personal representative of the deceased's estate can file a wrongful death claim under Kentucky law. This is typically the person named in a will or appointed by the probate court, often the surviving spouse, an adult child, or a parent. Family members don't file the claim directly, but they're the ones who ultimately receive the compensation once it's recovered.

How long do I have to file a wrongful death claim in Kentucky?

Kentucky's wrongful death filing deadline depends on the type of claim involved, when the personal representative qualifies with the court, and whether another statute sets its own filing period. We recommend contacting our firm as soon as possible so we can help get that process moving. Your first consultation is free.

What's the difference between a wrongful death claim and a survival action?

A wrongful death claim seeks compensation for the losses the family and estate suffered because of the death, including lost future earnings and funeral costs. A survival action, filed under KRS 411.133, seeks compensation for the pain and suffering the deceased person experienced between the incident and their death. Both can be pursued together by the personal representative.

Does a criminal case against the at-fault party affect our civil claim?

The criminal case and your civil wrongful death claim proceed on separate tracks. A criminal conviction isn't required to pursue a civil claim. We monitor any related criminal proceeding and evaluate whether admissible evidence or a resulting conviction may support the civil case.

Talk to a Louisville Wrongful Death Attorney for Free

Losing a family member to someone else's negligence changes everything, and the legal process shouldn't add to that burden. We offer free initial consultations so you can get honest answers about your family's situation without any financial commitment. If we take your case, we work on contingency: no attorney fees unless we recover compensation for you.

Contact us today at (502) 532-2815 for a free consultation. We're ready to review your case and help your family understand your options.