Losing someone because of another person’s negligence is devastating. On top of the grief, families face financial pressure, unanswered questions, and no clear sense of where to turn. These are the questions I hear most often from families in that situation.

The Basics

What is a wrongful death claim?

When someone dies because of another person’s or company’s negligence, the surviving family can file a wrongful death claim. That claim seeks both compensation for what the family has lost and accountability from the responsible party. It is separate from any criminal case. The goal is to compensate the surviving family for what they have lost and to hold the responsible party accountable.

Who can bring a wrongful death claim in Kentucky?

Under KRS 411.130, the personal representative of the deceased person’s estate files the claim. Kentucky law distributes the recovery to surviving family members in a set order. The spouse and children share equally first, then parents collect if no spouse or children survive, and finally other heirs receive what remains. If no personal representative has been appointed yet, that process can often be handled as part of the overall case.

Does it matter whether criminal charges were filed?

No. A civil wrongful death claim is completely independent of the criminal process. Even if the responsible party was never charged, or was charged and acquitted, a civil claim can still succeed. The burden of proof in civil court is lower than in criminal court.

How is a wrongful death case different from a personal injury case?

In a personal injury case, the injured person brings the claim. In a wrongful death case, the person who was harmed has died, so the surviving . The damages are also different and account for the family’s losses, not just the individual’s.

Deadlines

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

Kentucky law gives you one year from the date of death to open a probate, and one year from the date an administrator is appointed to file the lawsuit. These deadlines are strict. Do not wait to find out where you stand.

How long do I have in Indiana?

Two years from the date of death.

Why does acting quickly matter beyond the deadline?

Evidence disappears fast. Crash data gets overwritten. Nursing home records get altered or go missing. The sooner you involve an attorney, the better the chance of preserving the evidence that will make or break the case.

What You Can Recover

What damages are available in a Kentucky wrongful death case?

A wrongful death claim can recover medical and funeral expenses, the income and financial support your loved one would have provided over their lifetime, loss of companionship and consortium, the mental anguish the survivors carry, and in cases involving gross negligence, punitive damages meant to punish the wrongdoer. Where the deceased suffered pain before death, those damages may also be recoverable on behalf of the estate.

How much is a wrongful death case worth?

It depends on the circumstances like the age and earning capacity of the deceased, the nature of the negligence, the number of surviving dependents, and the strength of the evidence. I can give you an honest assessment after reviewing the facts. I will not make promises I cannot keep.

Can I still recover if my loved one was partly at fault?

Kentucky follows pure comparative negligence, which means yes. Your recovery is reduced by the deceased’s percentage of fault, but it is not eliminated. If a jury finds your loved one twenty percent responsible and the total damages are $500,000, the family recovers $400,000.

The Types of Cases We Handle

What are the most common wrongful death cases you see?

Fatal car and truck accidents and nursing home neglect are the two situations I handle most often. But wrongful death claims can also arise from unsafe premises, medical negligence, defective products, and workplace accidents.

What makes a truck accident wrongful death case different?

Commercial trucking cases involve federal safety regulations, electronic logging data, corporate insurance policies, and often multiple liable parties like the driver, the trucking company, and sometimes a cargo loader or maintenance contractor. These cases require aggressive early investigation to preserve evidence before it disappears.

What does a nursing home neglect wrongful death case involve?

These cases require a careful review of medical records, staffing logs, state inspection history, and internal incident reports. Facilities and their insurers fight these claims hard. The key is knowing what to look for and moving quickly to get it before records are altered or lost.

Working With Kemper Law Office

How do you handle wrongful death cases?

On a contingency basis. You pay nothing unless I recover for your family.

Will I deal with a case manager or an attorney?

You will speak directly with me throughout the case. I handle every case personally.

What does the process look like?

We start with a free consultation where I listen to what happened and give you an honest assessment of your options. If we move forward, I work quickly to preserve evidence, investigate the circumstances of the death, build the case, and either negotiate a fair resolution or take it to trial.

Still have questions?

I offer a free, no-pressure case review for families in Kentucky and Indiana. Call  502-771-0588. or email aaronkemper@lawhelplouisville.com.