Louisville Wrongful Death Lawyer

Fighting for Families Across Kentucky & Beyond

There’s no true recompense for the untimely loss of a loved one, but legal action can be crucial to providing families with the justice and compensation they deserve.

At Kinnard Law, we provide families facing some of life’s most difficult experiences with passionate advocacy and step-by-step support for wrongful death lawsuits.

With a record of proven success in complex claims involving fatal accidents and injuries, we know how to help grieving families navigate the road to justice.

Why Choose Kinnard Law?

• We have a proven record of success in wrongful death actions;
• Our firm has been recognized among U.S. News’ Tier 1 “Best Law Firms”
• We’ve secured millions in compensation, as well as record-setting verdicts;
• Our award-winning attorneys have over 150 years of collective experience.

Kinnard Law was founded in 1977 by Attorney Randall Kinnard, a Certified Civil Trial Specialist and member of the Inner Circle of Advocates, an exclusive invitation-only group comprised of the nation’s top 100 plaintiffs’ trial lawyers. He and our team of talented trial attorneys have extensive experience representing families in wrongful death lawsuits, and have earned national recognition among the nation’s leading lawyers, including selections to The Best Lawyers in America®, Super Lawyers, and more.

If you have questions about a potential wrongful death lawsuit in Louisville or the state of Kentucky, Kinnard Law is here to help. Contact us to request a free and confidential review of your case.

What Is a Wrongful Death Claim?

Wrongful death lawsuits are civil claims that function similarly to personal injury suits – they seek accountability for preventable losses arising from negligent or wrongful acts, as well as financial liability for the resulting damages.

Wrongful death claims can be emotionally charged, complex, and high-value cases, which is why defendants and insurance companies fight them aggressively. They may also be filed over many different circumstances and allegations, including:

• Fatal car accidents
• Commercial truck and tractor-trailer wrecks
• Medical malpractice and birth injuries
• Defective products, pharmaceuticals, or auto parts (product liability)
• Dangerous conditions on another’s property (premises liability)

Because every case is different, each wrongful death action must be carefully prepared and tailored to the facts at hand. At Kinnard Law, our attorneys work personally with families from initial evaluations and investigations to negotiations or litigation, when necessary. We’re committed to our clients’ causes, and fight passionately for the outcomes they deserve.

A Proven Record of Success: Our Results

Over the course of 40+ years, our firm has cultivated a record of proven success, including millions in recoveries for our clients, and record-setting verdicts and settlements. Here are a few examples of our results in wrongful death cases:

• $5 million jury verdict for the wrongful death of a 22-month-old boy who died as a result of complications from a tick infection.
• Multi-million dollar settlement for the wrongful death of a mother who was killed when a tractor-trailer changed lanes and forced her vehicle off the road.
• $3 million jury verdict against a hospital that failed to timely treat a 16-year-old boy’s diabetic ketoacidosis.
• $2 million jury verdict for the wrongful death of a high school principal who developed colon cancer when his gastroenterologist failed to warn him about risks and precautionary measures.
• $1.8 million jury award over the wrongful death of a 63-year-old man whose tongue cancer went undiagnosed for one year when a CT scan was initially interpreted as normal.

Kentucky Wrongful Death FAQ

Who Can File a Wrongful Death Claim in Kentucky?

Under Kentucky wrongful death laws, a legal personal representative of the decedent’s estate may file a claim on behalf of surviving family members. This person may be an actual family member, someone named as executor in a will, or an attorney.

While only one “representative” brings a wrongful death claim, damages are awarded to the decedent’s estate, and distributed to surviving eligible family members in the following order:

• The surviving spouse (if there are no children);
• Surviving spouse and children;
• Surviving children (if there is no spouse);
• Parents of the decedent (if there is no surviving spouse or children);
• The estate / other family members named as beneficiaries (if there is no surviving spouse, children, or parents).

How Long Do I Have to Bring a Wrongful Death Lawsuit?

In Kentucky, there are time limits (known as the statute of limitations) on most civil claims. For claims of wrongful death, the statute of limitations to file a lawsuit is generally one year from the date of the victim’s death. However, there are situations where the statute of limitations may vary – such as when cases involve minors, defective products, medical malpractice or exposure to harmful substances, among others.

We can advise you on the applicable statute of limitations in your case. Given the time restrictions in place, and the need for an attorney to investigate and build claims, families are encouraged to bring their cases to the attention of our team as soon as possible.

What Damages Can I Recover in a Wrongful Death Claim?

As with personal injury claims, wrongful death lawsuits allow families to recover financial compensation for damages. This includes economic and non-economic losses arising from a loved one’s death, such as:

• Lost wages and lost earning power
• Medical expenses and costs of care incurred prior to death
• Pain and Suffering before death
• Emotional suffering, including mental anguish, loss of consortium (for the surviving spouse or minor child), loss of love and companionship, and loss of care, advice, and training that would have been provided to children or dependents
• Lost household services and care
• Burial and funeral expenses

Calculating damages in wrongful death cases requires careful assessment of the financial losses incurred by surviving family members up to the point a case is resolved, as well as projected losses that can be reasonably expected in the future (i.e. income a decedent would have earned). It also requires creativity in demonstrating the scope of emotional losses, which are intangible and difficult to equate into monetary sums.

In some cases, specifically those involving “egregious” acts of negligence or wrongdoing, punitive damages may be awarded as a means to further punish defendants and deter. Our team can review your case to evaluate its potential for punitive damages.

Speak With An Experienced Wrongful Death Attorney in Louisville, KY

If you have questions about a wrongful death lawsuit in Kentucky, a potential case, and how our caring and compassionate team at Kinnard Law may be able to help you in the fight for justice, please call or contact us online. We offer free and confidential consultations to families across Kentucky and the surrounding states, and accept referrals from attorneys nationwide.