Grayson Wrongful Death Lawyers

The Legal Guidance You Need After Losing A Loved One In A Fatal Accident

If you lost a loved one in an accident, you may feel as if your entire world has been flipped upside down. In addition to the extreme grief and loss a death causes, there are practical implications. If the deceased was your family’s primary breadwinner, how will you support your family? If the deceased was your children’s primary caretaker, how will you find the support your children need?

At Wilhoit Law Office, we can’t turn back the clock and undo what has been done. But we can help you move forward. You focus on your family; leave the worrying to us.

Our Grayson wrongful death attorneys help clients obtain the compensation they need after the loss of a family member. Call 888-815-7968 to schedule a free consultation.

You Have Two Separate Paths To Compensation

There are two separate but similar legal claims available to surviving family members who have lost loved ones in fatal accidents:

• Wrongful death – This claim is brought by the personal representative of the deceased’s estate. Damages include the deceased’s lost wages incurred prior to his or her death, his or her conscious pain and suffering, and the loss of the deceased’s future wages. Compensation awarded through a wrongful death claim is distributed to the deceased’s heirs.
• Loss of consortium – This claim can be brought by the deceased’s spouse or dependent children to seek reimbursement for the loss of guidance, companionship and nurturing. Because this is a noneconomic loss, it can be hard to calculate the financial loss sustained by the loss of a family member.

These claims can often be resolved through negotiation and settlement. However, trial is a possibility.

FAQs: Wrongful Death In Kentucky

After losing a loved one to negligence, it is common for families to have urgent concerns. Clear information can help illuminate your options during an overwhelming time. The answers to these questions offer practical guidance about Kentucky wrongful death claims.

What is the statute of limitations for filing a wrongful death lawsuit in Kentucky?

Kentucky law generally requires a wrongful death lawsuit to be filed within one year from the date a personal representative is appointed by the probate court. If the representative is appointed more than one year after the death, the statute allows up to two years from the date of death. Since the timeline is strictly enforced, speaking with counsel as soon as possible can help prevent losing the right to pursue compensation.

Who can file a wrongful death lawsuit in Kentucky?

In Kentucky, only the personal representative of the deceased person’s estate has the legal authority to file a wrongful death lawsuit. The representative is appointed through the probate court and acts on behalf of the estate rather than individual family members.

Although the representative files the claim, state law determines who receives damages such as a surviving spouse, children or parents.

Can I pursue a wrongful death claim if the deceased was partially at fault for the accident?

Yes. Kentucky follows a pure comparative fault system, which means a wrongful death claim may still proceed even if responsibility for the incident is shared. Any compensation awarded is reduced by the percentage of fault assigned to the deceased, but the ability to file the claim is not eliminated.

Because many accidents involve multiple contributing factors, this system allows the pursuit of accountability even amid complex circumstances.

Can I file a wrongful death claim if the deceased had a preexisting condition?

A wrongful death claim may still be brought if a preexisting condition existed, as long as the negligent act contributed to or accelerated the death. Kentucky focuses on whether the defendant’s conduct played a meaningful role in causing the fatal outcome, not on preexisting medical vulnerabilities. Evidence such as medical records and expert testimony is often used to show how the negligent act interacted with the preexisting condition.

This means families can pursue justice even if health issues made their loved one more susceptible to harm.

We Are Here To Help. Call Us Today.

Over the years, our personal injury lawyers have developed a reputation as skilled litigators. Insurance companies know that we will not hesitate to try a case if that is in our clients’ best interests. However, we also know that not every case requires litigation. We always attempt to resolve cases through alternative means. But if trial is required to protect your interests, we aren’t afraid to go to court.

No amount of money can make up for the loss of your loved one. We know that. But financial compensation can make it easier to pay your bills and support your family after a loss.

For help, contact our firm online. Consultations are completely free and you won’t pay us anything until we obtain compensation for you. Call 888-815-7968 today.