Helping Kentucky Families After the Loss of a Loved One
Losing a family member because of someone else’s negligence is devastating. No lawsuit can replace the person who was lost. But Kentucky law provides a way to hold the responsible person or company accountable and seek the compensation the law allows.
At Bates & Slone Attorneys at Law, we represent families in wrongful death cases throughout Eastern Kentucky and across the Commonwealth.
Wrongful death cases require careful investigation. Important evidence must be preserved, the responsible parties identified, available insurance coverage investigated, and the damages recoverable under Kentucky law properly developed.
Our job is to handle those legal issues while treating our clients and the memory of their loved one with the respect they deserve.
Call Bates & Slone at (606) 785-5581 for a free consultation. There is no attorney’s fee unless we recover money for you.
What Is Wrongful Death Under Kentucky Law?
Kentucky law provides a wrongful death claim when a person’s death results from the negligence or wrongful act of another.
Wrongful death claims can arise from many different circumstances, including:
- Car wrecks
- Tractor-trailer and commercial truck crashes
- Motorcycle accidents
- Pedestrian accidents
- Workplace and industrial incidents
- Dangerous property conditions
- Defective products
- Negligent conduct by businesses or individuals
- Other preventable accidents resulting in death
Every case is different. The first step is determining exactly what happened and who may be legally responsible.
Who Files a Kentucky Wrongful Death Lawsuit?
Kentucky has specific rules governing wrongful death claims.
Generally, the wrongful death action is brought by the personal representative of the deceased person’s estate.
The personal representative brings the action, but Kentucky law separately determines how a wrongful death recovery is distributed to the deceased person’s beneficiaries.
There may also be separate claims available to certain family members depending upon the circumstances.
Sorting out these issues early can be important. We can assist the family with determining who should serve as personal representative and identifying the claims that may be available.
A Serious Wrongful Death Case Requires a Serious Investigation
Proving a wrongful death case requires more than establishing that a death occurred.
The evidence must establish what happened, why it happened, and who was legally responsible.
Depending upon the circumstances, an investigation may include:
- Police and accident reports
- Photographs and video
- Witness statements
- Vehicle inspections
- Electronic vehicle data
- Cell-phone records
- Medical records
- Coroner and autopsy records
- Employment and wage information
- Company records and policies
- Expert investigation and analysis
- Insurance policies
- Other evidence relating to responsibility and damages
Important evidence can disappear.
Vehicles can be repaired or destroyed. Electronic information can be overwritten. Surveillance video can be erased. Physical evidence can disappear, and witnesses’ memories can fade.
That is why contacting an attorney promptly after a fatal accident can be important.
Wrongful Death Caused by Car Accidents
Fatal automobile collisions may result from speeding, distracted driving, impaired driving, unsafe passing, failure to yield, following too closely, reckless driving, or simply failing to pay attention.
When we investigate a fatal car wreck, we look beyond the basic police report.
Depending upon the case, that may include obtaining photographs and video, locating witnesses, examining vehicles, investigating cell-phone use, reviewing electronic vehicle information, and determining all available insurance coverage.
The objective is straightforward: find out what really happened and identify everyone legally responsible for it.
Fatal Tractor-Trailer and Commercial Truck Accidents
A fatal collision involving a tractor-trailer requires a different level of investigation.
The truck driver may not be the only responsible party.
Depending upon the circumstances, potential responsibility may involve a trucking company, motor carrier, vehicle owner, maintenance provider, cargo-loading company, or another business involved in the truck’s operation.
Evidence can include electronic logging device information, driver qualification records, hours-of-service records, dispatch communications, GPS information, electronic vehicle data, dash-camera footage, inspection and maintenance records, and company safety policies.
The trucking company and its insurance carrier may begin investigating immediately after a fatal collision.
The victim’s family should have someone investigating for them as well.
What Damages Can Be Recovered in a Kentucky Wrongful Death Case?
This is an area where Kentucky law matters.
A wrongful death claim is not necessarily the same thing as a survival claim, and certain family members may have separate claims of their own.
The damages available therefore depend upon the particular facts and the claims recognized by Kentucky law.
Wrongful Death Damages
Kentucky’s wrongful death law permits the deceased person’s personal representative to pursue damages resulting from the death.
A significant component of a Kentucky wrongful death claim can be the destruction of the deceased person’s power to earn money.
Determining that loss may require examining the deceased person’s age, health, occupation, earnings, work history, education, life expectancy, and other relevant circumstances.
Punitive Damages
Kentucky law also provides for punitive damages in a wrongful death action when the death resulted from willful conduct or gross negligence and the legal requirements for punitive damages are satisfied.
Whether punitive damages are available depends upon the evidence in the particular case.
Survival Claims
A person does not necessarily lose every personal injury claim simply because he or she later dies.
If the deceased person survived for some period following the injury, the estate may have a separate survival claim for damages the deceased person could have pursued had he or she lived.
Depending upon the circumstances, this may include damages associated with the injuries and conscious pain and suffering experienced between the time of injury and death.
This can be particularly important when a person survived a collision for hours, days, weeks, or longer before ultimately dying from the injuries.
Claims of a Surviving Spouse, Parents, or Children
Kentucky law also recognizes certain claims belonging directly to specified family members.
Depending upon the circumstances, a surviving spouse may have a claim for loss of consortium.
Kentucky law also recognizes certain claims involving the loss of parental or filial consortium.
These are distinct legal claims and should not simply be lumped together as generic “companionship” damages.
When we evaluate a fatal accident, we examine all of the claims potentially available to the estate and the surviving family members.
Who Receives a Kentucky Wrongful Death Recovery?
The person who files the wrongful death action is not necessarily the person who receives the entire recovery.
Kentucky law establishes how wrongful death proceeds are distributed among the deceased person’s beneficiaries.
The distribution can depend upon whether the deceased person left a surviving spouse, children, parents, or other heirs.
Because these rules are statutory, families should obtain legal advice about both who sshould bring the case and how any eventual recovery would be distributed.
Insurance Coverage Can Make a Major Difference
Determining who caused the death is only part of our investigation.
We also investigate how much insurance coverage is available.
A fatal accident may involve more than one responsible party and more than one insurance policy.
Depending upon the circumstances, potential coverage can include automobile liability insurance, commercial automobile insurance, employer or business coverage, umbrella or excess coverage, and other applicable policies.
We do not assume the first liability policy identified is necessarily the only insurance available.
In a serious wrongful death case, identifying every potentially responsible party and every potentially applicable insurance policy can be critical.
Be Careful Dealing With the Insurance Company
The insurance company may begin investigating a fatal accident almost immediately.
An adjuster may contact family members, request statements, seek medical authorizations, ask for documents, or even discuss settlement.
The insurance company has people protecting its interests.
Your family deserves someone protecting yours.
Before signing a release or accepting a settlement, talk with an attorney who can investigate the claim and determine what insurance and damages may actually be involved.
Why Choose Bates & Slone?
At Bates & Slone, representing a family after a wrongful death is a responsibility we take seriously.
These cases are not simply about a claim number or an insurance policy.
They are about a person whose life mattered and a family whose future has been permanently changed.
We investigate how the death occurred, identify the responsible parties, determine the available insurance coverage, preserve important evidence, and pursue the compensation Kentucky law allows.
And if an insurance company will not resolve the case fairly, we are prepared to pursue the case through litigation.
There is no attorney’s fee unless we recover money for you.
Frequently Asked Questions About Kentucky Wrongful Death Claims
How long do I have to file a wrongful death lawsuit in Kentucky?
Kentucky wrongful death cases are subject to legal deadlines. Determining the applicable deadline can depend upon the facts and procedural circumstances of the particular case.
Do not wait based upon a general deadline you found online. Contact an attorney promptly so the applicable deadline can be determined and evidence can be preserved.
Who can bring a wrongful death lawsuit in Kentucky?
Generally, the wrongful death action is brought by the personal representative of the deceased person’s estate.
Kentucky law separately determines who ultimately receives wrongful death proceeds, and certain family members may also possess separate claims.
Who receives the settlement?
Kentucky law determines how wrongful death proceeds are distributed. The answer depends upon the deceased person’s surviving family members.
The personal representative’s role in bringing the lawsuit does not necessarily mean the representative personally receives the recovery.
Can there be a wrongful death case if nobody was criminally charged?
Yes.
A wrongful death action is a civil claim. The absence of criminal charges does not necessarily prevent a person or company from being held civilly responsible for a death.
What if my loved one survived the accident before dying?
That can be legally significant.
In addition to the wrongful death claim, the estate may have a survival claim based upon injuries and damages the deceased person experienced between the accident and death.
We examine the medical evidence and circumstances to determine what additional claims may exist.
What if my loved one was killed in a tractor-trailer accident?
Contact an attorney promptly.
Commercial trucking cases can involve evidence that may not exist in an ordinary car wreck, including electronic logging information, electronic vehicle data, driver qualification records, dispatch information, maintenance records, GPS information, and company safety records.
Steps may need to be taken promptly to preserve that evidence.
How much is a Kentucky wrongful death case worth?
There is no legitimate calculator or formula that can determine the value of every wrongful death case.
The value depends upon the evidence, liability, available damages, the deceased person’s circumstances, potentially available family claims, the amount of insurance coverage, the responsible parties, and many other factors.
We evaluate each case individually.
How much does it cost to hire Bates & Slone?
We handle wrongful death and personal injury cases on a contingency-fee basis.
There is no attorney’s fee unless we recover money for you.
We will explain the fee agreement and treatment of case expenses during your consultation.
Wrongful Death Lawyers Serving Eastern Kentucky
Bates & Slone represents families in Hindman, Hazard, Pikeville, Prestonsburg, and communities throughout Eastern Kentucky and across Kentucky.
If your family has lost a loved one because of a car wreck, tractor-trailer collision, commercial vehicle crash, workplace incident, or other negligent conduct, we can investigate what happened and explain the legal options available under Kentucky law.
Your Family Deserves Answers
If someone else’s negligence caused the death of your loved one, you deserve to know what happened, who was responsible, and what legal options are available.
Call Bates & Slone Attorneys at Law at (606) 785-5581 for a free consultation.
No attorney’s fee unless we recover money for you.