Louisville Wrongful Death Lawyers

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Louisville Wrongful Death Lawyers

Caring advocacy when a loved one dies due to an accident in Kentucky

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Nobody should ever have to learn that a parent, spouse, child, or another close relative died in an accident that could have been prevented. At Crandall & Pera Law, we respect your need to grieve for your loved one while also pursuing your right to justice and compensation. Our Louisville wrongful death lawyers have more than 30 years of experience holding defendants liable when car accidents, medical malpractice, and other injuries take the life of another person. We demand all the compensation for your personal and financial damages that Kentucky law permits.

Our record of success in wrongful death cases includes obtaining $4.6 million for the family of a woman after she contracted strep throat during her second pregnancy. Even though the lab results confirmed that she had strep throat, the doctor and nurses failed to check the results. The physician and staff continued to ignore her symptoms. During labor, the woman died, and the baby survived. The settlement will help the family provide for their future and honor their wife’s/mother’s memory.

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What types of accidents cause deaths in Louisville?

At Crandall & Pera Law, we handle all types of accidents that tragically take the life of a loved one. We fight to help your loved one hold the wrongdoers accountable. Our attorneys represent families in the following types of accidents:

Who are the beneficiaries of wrongful deaths in Louisville?

In Kentucky, a wrongful death action is generally filed by your loved one’s personal representative, who is either the executor named in the will or a court-appointed administrator. Generally, the funeral and burial costs, as well as the administration fees and legal fees, are paid first. After that, the recovery is generally paid as follows:

  • There’s a spouse and no children. The widow/widower receives the whole estate.
  • There’s a spouse (widow/widower) and children. The spouse receives half the estate, and the children receive the other state.
  • There are children but no spouse. The children receive the entire estate.
  • There is no spouse and no children. The mother and father of the deceased receive the estate, including when the parents are adoptive parents.
  • There is no spouse, children, or parents. The funds are distributed through the estate to any remaining family members after any estate debts are paid.

The timeline for filing a wrongful death action in Kentucky is a little complicated. We strongly recommend that you contact us as soon as you can so we can answer your questions, file your claim, and begin our investigation. Generally, wrongful death claims must be filed within:

  • One year from the date of the appointment of a personal representative
  • Two years from the date of death – if a personal representative isn’t appointed in one year from the date of death.

Failure to meet these deadlines will result in the dismissal of your claim.

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What damages can family members receive in a wrongful death case in Kentucky?

We can explain when damages are paid to the estate and when they are paid to the family members according to the distribution rules. Here are some possible types of compensation that might be available:

  • The funeral and burial costs, the administration expenses, and the attorneys’ fee.
  • The loss of economic support your family member would have been expected to earn based on their work history and life expectancy.
  • The value of the loss of services such as household services your loved one would have provided
  • The loss of consortium of the surviving spouse – The “right to the services, assistance, aid, society, companionship and conjugal relationship between husband and wife, or wife and husband.”
  • A loss of inheritance.
  • The pain and anguish of the survivors.

At Crandall & Pera Law, we work with financial experts who have the credentials and experience to place a value on the wrongful death claim.

The family can also file a claim for punitive damages if the conduct of the responsible defendants was intentional or constituted gross negligence. Punitive damages are meant to punish the wrongdoer and deter others from acting so irresponsibly.

What difficulties do you handle in wrongful death cases in Louisville?

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Our Louisville wrongful death lawyers understand the unique challenges involved in filing wrongful death claims. While wrongful death claims involve many of the same issues as personal injury cases, there are unique differences and complications. Our attorneys have the skills and experience to handle the following issues:

  • Liabilitiy. Your loved one cannot testify about what happened to cause the accident because they’re no longer alive. The rules of evidence in Kentucky ensure fairness by determining who can testify, what they can testify about, and who cannot testify. We’re prepared to explain exactly how these testimony rules work. Typically, we work to prove liability through the testimony of eyewitnesses, the police, traffic reconstruction experts, vehicle and other product safety experts, fire officials, building inspectors, and other experts. We also work with the coroner and physicians to verify that the accident caused the death of your loved one.
  • Criminal prosecutions. If the defendants weren’t just careless but acted through gross negligence or intentionally wanted to harm you, the police may arrest the defendants, and the prosecutors may seek to obtain convictions for the defendants. There is no requirement for the police to file criminal charges. Many wrongful death cases involve just the civil action. If criminal charges are filed, our Louisville wrongful death lawyers coordinate your civil case with the criminal case. Normally, the criminal case will proceed first. We’re ready to work to use the evidence presented in the criminal case or the conviction to help show the defendants are civilly liable too.
  • Survival actions. If your loved one lived before passing away, your loved one’s estate can file a “survival action.” In this action, the estate claims compensation for your loved one’s pain and suffering and the medical expenses to try to keep your loved one alive.

Talk with our compassionate Louisville wrongful death lawyers today

We understand your anger and your anxiety. You can no longer talk to, cherish, or receive guidance from your loved one. Your life will never be the same. No amount of money will bring your loved one back. At Crandall & Pera Law, we work to ensure that your loved one’s memory is preserved by fighting to hold the wrongdoers accountable and making them pay for the financial damages and heartbreaks they caused. To assert your rights and schedule a free consultation, call our trial lawyers or complete our

contact form. We represent families throughout Kentucky.