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Wrongful Death Lawyers

THE ATTORNEY YOU CHOOSE

Does Make A Difference

HOW CAN YOUR FAMILY RECOVER AFTER A FATAL ACCIDENT?

Have you lost a loved one? Our Louisville wrongful death attorneys can guide you in seeking financial compensation for your loss. Call the wrongful death lawyers at Forman & Associates about your case. They serve clients throughout Kentucky and will help you get the results you deserve. In addition, we offer a initial complimentary consultations for wrongful death claims.

Unfortunately, we cannot bring your loved one back, or ease the pain and anger you are feeling knowing that someone else’s negligence or carelessness has cost your family so much. We can, however, help your family obtain financial recovery so that you can move forward together without a financial burden.

For several years, our law firms have fought for justice for the victims of fatal accidents and deadly medical negligence in Kentucky.

SOMETIMES FINANCIAL JUSTICE IS THE ONLY JUSTICE OBTAINABLE

It is not just about assigning blame and making the responsible parties pay for what they have done. It is about making sure that your family has the resources to rebuild after suffering such a tragedy.

At Forman & Associates our commitment is to see to it that you receive the maximum fair compensation for medical bills, funeral costs and the loss of a loved one so that you can provide for your needs. Our hope is that, with our help, you will be in a position to once again build a life of happiness you deserve.

WHY HIRE A KENTUCKY WRONGFUL DEATH LAWYER?

Our respected wrongful death attorneys in Kentucky have the experience and skill to handle the complicated and often unpleasant legal details while you focus on holding your life and your family together. It is important for you to understand that filing a claim will require us to determine the price you have had to pay for another’s carelessness in financial terms. In addition, treating a loved one’s death as a monetary issue is emotionally hard for some of our clients.

WHO MAY FILE A WRONGFUL DEATH LAWSUIT IN KENTUCKY?

In Kentucky, the personal representative (often called “the executor”) of the deceased person’s estate must file the claim in most cases. If there is no personal representative, for instance, if the deceased person is a child who has no estate or your loved one died without a will in place, then the court will appoint someone to act as personal representative. Our team of expert Kentucky wrongful death lawyers will help you every step of the way!

Exceptions to the law are:

  • If the death was caused by a deadly weapon, the deceased person’s surviving spouse and/or children may bring the claim.
  • If the deceased person was a minor, the child’s parents may join the lawsuit filed by the personal representative.

HOW DOES KENTUCKY LAW DEFINE “WRONGFUL DEATH?

According to Kentucky law, a “wrongful death” occurs when “the death of a person results from an injury inflicted by the negligence or wrongful act of another.” A wrongful death claim can arise when one person dies due to the legal fault of another person or entity, including by:

  • A Negligence-Based Incident (Car Accident)
  • Medical Malpractice
  • An Intentional Act (Including A Crime).

It can be extremely helpful to think of a Kentucky wrongful death case as a type of personal injury lawsuit in which the injured person is no longer available to seek compensation from the party that caused the injury. Alternatively, someone else must step in and bring the claim on the deceased’s behalf. In addition, as in other types of Kentucky personal injury lawsuits, the defendant’s liability in a successful Kentucky wrongful death case is expressed solely in terms of financial compensation (“damages”) that the court orders the defendant to pay to the deceased person’s survivors.

WHAT DAMAGES ARE POSSIBLE IN A KENTUCKY WRONGFUL DEATH CASE?

In a successful Kentucky wrongful death case, “Damages” are intended to compensate the estate and the surviving family members for their loss. In a standard Kentucky wrongful death case, the court will award damages as follows:

  • The deceased person’s estate will receive compensation for funeral expenses, administration costs, and any attorneys’ fees.
  • Surviving family members will receive the remainder of the damages awarded.

Kentucky law specifies that the deceased’s survivors will recover damages in a wrongful death case in the proceeding order:

  • If there is a surviving spouse and no surviving children, the spouse receives the entire amount.
  • If there the deceased left a surviving spouse and surviving children, the spouse and children split the damages award equally.
  • If there are surviving children but no surviving spouse, the children receive the entire amount.
  • If there is neither a surviving spouse nor children, the deceased person’s surviving parent or parents receive the entire award.
  • If no spouse, children, or parents survive, the award goes to the estate. After the estate’s debts are paid, the remainder passes to the individuals named in the deceased person’s will, if any, or to the heirs at law if there is no will.

In Kentucky, a surviving spouse must file a separate claim if he or she is seeking “loss of consortium” damages. In addition, “consortium” includes the services, assistance, aid, society, companionship, and conjugal relationship that the deceased spouse would have provided to the surviving spouse.

Kentucky allows punitive damages to be awarded in wrongful death cases caused by an intentional act or by gross negligence. Not typical of other types of damages, punitive damages are not intended to compensate the estate or surviving family members for their losses. Rather, punitive damages are awarded to punish particularly bad conduct and to deter other individuals from acting in an intentionally harmful or grossly negligent manner. (Ky. Rev. Stat. §§ 411.130, 411.145 (2021).)

KENTUCKY WRONGFUL DEATH LAWYERS – EXPERIENCE WITH A REPUTATION YOU CAN TRUST!

Need help? Forman & Associates frequently handle complex and significant cases. We are proud of our record of success in standing up for the rights of families like yours who have lost so much.

If you would like to talk to one of our Kentucky wrongful death lawyers who will answer your questions and give you the honest advice you can trust, contact us today. Your consultation will be free of charge and free of any pressure. Call Us 24/7 Toll Free at 1-844-4-DUI-GUY OR Call or Text: 502-931-6788

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Forman & Associates
The Lion Building
717 West Market St., Ste. 2
Louisville, KY 40202

(T) (844) 4-DUI-GUY
(O) (502) 931-6788
(F) (419) 574-7156
Email: larry@larryformanlaw.com