Wrongful Death

Louisville Wrongful Death Lawyers

Serving Families in Jefferson County, Floyd County, Clark County & Southern Indiana

Little in life is as painful as the loss of a loved one. This is especially shocking and upsetting when it occurs unexpectedly, such as in a negligence-based accident. No one is prepared for the sudden loss and the grief that follows. When caused by the actions or inactions of another party, family survivors can also be overwhelmed by the injustice of the event. Where the deceased person was a breadwinner or main caretaker of the family, future financial and emotional hardship can compound the matter.

In such trying times, it's important to remember that legal recourses are available, providing a pathway to alleviate some of the burdens. By pursuing a wrongful death claim, families may find a sense of justice and financial stability, even if the emotional void persists. The key is to act swiftly, as legal processes are subject to statutes of limitations, and obtaining evidence is time-sensitive.

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. 

This representative is often a spouse or other relative. 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. 

Family members who may receive damages include spouses, children, or parents, depending on the circumstances. If none of the above exist, the damages are passed on to the deceased person’s estate.

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's 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.

Selecting the right legal representation is crucial and involves more than just evaluating credentials. It requires finding a firm that understands your unique situation and treats your case with the importance it deserves. At Schuler Law Office, we take the time to explain each stage of the legal process, providing clear guidance and setting realistic expectations for every client. Our team approaches each case with dedication, backed by a robust knowledge of Kentucky wrongful death laws.

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's 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.

Our experienced attorneys will work tirelessly to ensure that you receive the justice and compensation you deserve. We believe in holding responsible parties accountable and will fight for your rights with compassion and commitment. 

Compassionate Wrongful Death Legal Services in Louisville 

At Schuler Law Office, we understand the difficulties you face in such situations. That is why we make every effort to provide you not only with exceptional legal service but also with personal support and human connection. These can help ease the burden of being forced to navigate the wrongful death process in court. 

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 achieving the best outcomes for our clients. Rest assured, when you work with Schuler Law Office, you're 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. This local understanding fosters effective negotiations and courtroom strategies that align with community standards.

At Schuler Law Office, our deep ties to the local community and legal system enhance our ability to represent you effectively. We maintain productive relationships with court officials and legal counterparts, which can be pivotal in facilitating resolution processes. Whether through anticipated settlement discussions or preparing for a possible trial, our local insight supports achieving justice for you and your family.

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's 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.

 Connect with Schuler Law Office for a free consultation online or at (502) 532-2815 to speak with our Louisville wrongful death attorney.

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. These consist of one or two years, depending on when a personal representative for the deceased person’s estate is appointed.  Discussing the specifics of your case with one of our Louisville wrongful death attorneys is the first step to take.

Understanding the full scope of potential damages is pivotal for the family’s future well-being. Compensation not only addresses immediate costs but can also support long-term stability, especially if the deceased was the primary income earner. At Schuler Law Office, our approach includes a comprehensive evaluation of all possible entitlements. This ensures you receive the maximum compensation available under Kentucky law. Situations can vary widely, so personalized consultation is key to protecting your family’s financial future.

  • $3.25 Million Wrongful Death
  • $1.5 Million Life-Altering Injuries
  • $910,000 Wrongful Death
  • $750,000 Critical Injuries
“Cannot say enough good things about them.”
“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!”
Joe B.