Losing a family member is devastating, and learning that the death was caused by someone else’s negligence makes the loss even harder to bear. If you lost a loved one in Louisville or anywhere in Jefferson County, the Louisville wrongful death attorneys at Portner & Shure are here to help your family seek justice and accountability. We have represented grieving families across Kentucky for more than 30 years.
How a Wrongful Death Claim Works in Kentucky
Under Kentucky law (KRS 411.130), a wrongful death claim is brought by the personal representative of the deceased person’s estate, and any recovery is distributed to the surviving family in the order the statute sets out. Because the claim runs through the estate, it helps to have an attorney guide the family from the very start.
Accidents That Often Lead to a Wrongful Death
Louisville’s river crossings and heavy interstate traffic are the site of many serious collisions. Many of the fatal incidents we see in the Louisville area arise from:
- Car, truck, and motorcycle collisions, often on I-64, I-65, and the Watterson Expressway (I-264)
- Pedestrian and bicycle crashes
- Slip-and-fall and other unsafe-property incidents
- Medical negligence and nursing home neglect
- Defective or dangerous products
Damages a Kentucky Family May Recover
Kentucky allows the estate to pursue compensation meant to reflect the true scope of the loss, which may include:
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- The deceased person’s pain and suffering before death
- Lost earnings and the loss of the person’s power to earn money
- The loss of the loved one’s care, companionship, and guidance
Putting a value on a life is never simple. We often work with economists and other experts to document the full financial and personal impact of the loss.
Kentucky’s Comparative Fault Rule
Kentucky follows a pure comparative fault rule. If the person who died is found partly at fault, the family’s recovery is reduced by that percentage rather than barred entirely. That is very different from some neighboring states, and it means a family may still recover even when the defense assigns some share of fault. Insurers know this, so they often try to shift as much blame as possible onto the victim.
How Long Do We Have to File? Kentucky’s Statute of Limitations
Kentucky wrongful death deadlines can be shorter than families expect. A claim generally must be filed within one year of the date the personal representative is appointed (KRS 413.180), and an estate should be opened promptly to protect the family’s rights. Because the timing turns on when the estate is opened, the safest course is to speak with an attorney as soon as possible. Claims in Jefferson County are generally pursued through the Jefferson County Judicial Center.
When Times Are Hardest, Count On Us
Insurance companies defend wrongful death claims aggressively because they often involve significant compensation. You should not have to face their lawyers alone while grieving. Our team handles the investigation, the paperwork, and the negotiations so your family can focus on healing. We work on a contingency basis, which means there is no fee unless we recover for you.
We Can Help If English is Not Your First Language
Our firm serves a diverse community, and we have team members who speak Spanish and Korean. We can discuss your case in a language you are comfortable with so nothing is lost in translation.
Contact Our Louisville Wrongful Death Attorneys Today
If your family lost a loved one to negligence in Louisville or anywhere in Jefferson County, contact Portner & Shure for a free, confidential consultation. There is no fee unless we recover compensation for you.
Other Injury Cases We Handle in Louisville
- Louisville Personal Injury Lawyers
- Louisville Car Accident Lawyers
- Louisville Truck Accident Lawyers
- Louisville Motorcycle Accident Lawyers
- Louisville Premises Liability Lawyers
- Louisville Pedestrian Accident Lawyers
- Louisville Bicycle Accident Lawyers
- Louisville Dog Bite Lawyers
- Louisville Brain Injury Lawyers
- Louisville Spinal Cord Injury Lawyers
- Louisville Medical Malpractice Lawyers
- Louisville Nursing Home Abuse Lawyers
- Louisville Bus Accident Lawyers
