Experienced LOUISVILLE WRONGFUL DEATH LAWYER
Louisville, Kentucky Wrongful Death Attorneys
Kentucky & Indiana Wrongful Death Lawyers Who Care
Stein Whatley Astorino, PLLC, are knowledgeable wrongful death lawyers who provide compassionate legal guidance to Kentucky and Indiana families that have lost loved ones due to the bad acts of others. Dealing with the death of a family member is difficult. Losing a loved one to the negligence or intentional acts of someone else, though, can make matters unbearable.
We realize no amount of money can completely compensate you and your family for the unexpected passing of a loved one. However, compensation recovered through a wrongful death claim can protect you and your family’s financial future. It can also help compensate you for the emotional toll of your loss.
When you retain Stein Whatley Astorino, PLLC, as your wrongful death attorney, you are backed by the extensive injury and death litigation expertise of Matt Stein, John Whatley, Rob Astorino, and their dedicated team of attorneys. Their team has successfully handled numerous wrongful death cases. They work tirelessly to hold responsible parties accountable and secure compensation for grieving families. Our dedication is to deliver personal attention to the issues facing your family after a loss.
Stein Whatley Astorino, PLLC, understands the complexity of wrongful death litigation. They aggressively investigate the facts surrounding the death. Additionally, they will organize and present the claims efficiently to insurance companies. Finally, they’ll file a suit to move the case forward if the defendant or their insurance carrier does not give the claims the proper attention they deserve. Their approach has a track record of achieving exceptional settlements and judgments for their clients.
Call 502.553.4750 to talk to a top-rated wrongful death lawyer now. You can also complete the contact form here to have the attorney call you. The initial consultation is free and confidential.
LEGAL HELP AFTER LOSING A LOVED ONE – WRONGFUL DEATH RESOURCES
Stein Whatley Astorino, PLLC, is a legal resource to Kentucky and Indiana families that have lost a loved one due to a senseless act of another. Losing a loved one is a challenging and emotional experience. Seeking legal help from a trusted wrongful death lawyer can be crucial in navigating the complexities that follow the loss. Our knowledgeable wrongful death attorneys can provide guidance through the legal process. This includes handling probate matters and estate administration, as well as investigating and addressing potential wrongful death claims.
It is important to contact the best wrongful death lawyer as soon after the death as possible. Evidence often gets lost with time. It is important to have a skilled lawyer investigate and preserve evidence. Examples of evidence that could be lost include:
- Surveillance footage from any cameras near the scene
- Witness information and statements
- Black box data (electronic control module from cars and trucks)
- Mobile device data / GPS data
- Physical Evidence (examples: skid marks, property damage)
The sooner you retain our team to investigate your loved one’s death, the greater the likelihood that crucial evidence will be discovered and preserved. At Stein Whatley Astorino, PLLC, our experienced attorneys understand the importance of discovery and preservation of evidence. We often send a lawyer to walk the scene where the death occurred. This may help to discover potential surveillance cameras or potential witnesses. In some limited cases, an autopsy may be necessary. Discussion with our team can help you and your family determine if an autopsy is necessary in your case. In situations where we believe that surveillance videos may exist, we send preservation letters to the persons or businesses potentially in possession of the videos.
TOP-RATED WRONGFUL DEATH LAWYER IN LOUISVILLE
Securing the services of a knowledgeable wrongful death lawyer in Louisville is vital for these cases. Wrongful death cases involve specific laws that are not relevant to ordinary injury accidents. Our skillful attorneys can navigate the overlapping complexities of injury law. They will probate law so that statutory requirements are properly met.
Moreover, Matt, John, Rob, and their team of lawyers will conduct thorough investigations and identify potential negligent parties. They will also identify multiple insurance policies available to potentially pay for a grieving family’s loss. Our best Louisville wrongful death lawyers have experience handling complex litigation involving multiple parties. They are also adept at handling issues related to multiple insurance policies.
Wrongful death cases, by their nature, are very serious claims. They rely heavily on experts to determine:
- industry standards
- standards of care
- cause or causes of death
- economic loss to the family.
When you retain Stein Whatley Astorino, PLLC, you have access to our professional network. We scour the country to find the top experts in their respective fields.
AWrongful Death Firm with Expertise
Our wrongful death firm has expertise in assessing causes of death and damages. Our Louisville wrongful death attorneys serve as strong advocates against the aggressive legal teams employed by big insurance companies, big businesses, and big hospital chains. Whether negotiating settlements or presenting cases to a judge or jury in court, our experience in litigation and negotiation helps ensure full and fair compensation for grieving families.
Our top-rated wrongful death lawyers support clients in the aftermath of a truck accident beyond our legal filings. We will communicate with witnesses, experts, and medical specialists to understand and document the serious loss you suffered and the impact the loss of your loved one has on your life and the lives of your family.
Speak with Matt Stein, John Whatley, Rob Astorino, or one of our top-rated wrongful death attorneys. An initial consultation is free and confidential.
WE HANDLE WRONGFUL DEATH LAWSUITS ACROSS THE STATES OF KENTUCKY AND INDIANA
Stein Whatley Astorino, PLLC, maintains an office in Louisville, KY. We have successfully represented numerous families in wrongful death cases within Louisville. However, our commitment to grieving families extends beyond the city of Louisville. The reliable attorneys at our wrongful death firm have been successful in handling cases across the Commonwealth of Kentucky and the State of Indiana for decades.
In Kentucky, we have successfully prosecuted cases from Paducah in Western Kentucky to Ashland in Eastern Kentucky as well as Covington and Independence in Northern Kentucky to Bowling Green in Southern Kentucky. In Indiana, our wrongful death firm has successfully represented grieving families from Indianapolis to New Albany and Evansville in Southwestern Indiana to Lawrenceburg in Southeastern Indiana.
Do not hire an inadequate lawyer because you live in a remote part of the state or have difficulty traveling. We have cutting-edge software to communicate with you in the way you want to communicate. Our lawyers can set up consultations and case evaluations via phone, Zoom, or Skype for your convenience. We can also conveniently send you the paperwork necessary to start investigating death claims via DocuSign. The wrongful death lawyers of Stein Whatley Astorino, PLLC will also come to you for in-person discussion if transportation is a problem.
No matter where you live in the Commonwealth of Kentucky or the State of Indiana, you can trust that the diligent lawyers at Stein Whatley Astorino, PLLC, will vigorously advocate on your behalf. They strive to secure the full and just compensation you deserve.
Call 502.553.4750 to speak with a wrongful death lawyer immediately, or complete the contact form to the right to have an attorney call you. Initial consultations and case evaluations are free and confidential.
WHAT IS A WRONGFUL DEATH LAWSUIT IN KENTUCKY AND INDIANA?
Understanding Wrongful Death Claims
A wrongful death lawsuit in Kentucky and Indiana is a legal action brought by the estate of a deceased person whose death was caused by the negligence, recklessness, or intentional actions of another party. In both Kentucky and Indiana, the claim seeks to recover damages for the surviving family members or beneficiaries of the deceased.
Elements Of a Wrongful Death Claim
A wrongful death lawsuit can be filed when a person or entity’s negligence or misconduct causes someone’s death. To succeed in this type of claim, you must prove that the defendant was at fault through negligence or that the person or entity had an intention to cause harm. Establishing negligence involves establishing four key elements:
Duty of Care in Wrongful Death Lawsuit
Duty of care is a fundamental concept in injury law. It refers to the legal obligation that one person has to avoid causing harm or death to another. This duty arises when the law recognizes a relationship between two parties, and one party is expected to act (or refrain from acting) in a certain way to prevent harm or death to the other.
Breach of Duty in Wrongful Death Lawsuit
To establish negligence in a wrongful death claim, the grieving family must prove that the defendant owed their loved one a duty of care and breached it by failing to act according to that duty.
Causation in Wrongful Death Lawsuit
There must be a direct link between the defendant’s actions (or inaction) breaching the duty of care and the death of your loved one. You must show that the defendant’s conduct was the proximate cause of the death. This means that the death would not have occurred but for the defendant’s actions.
Damages in Wrongful Death Lawsuit
The claim must involve the death of an individual. This is the foundational aspect of the claim, as it seeks compensation for the wrongful death of the victim. As a result of that death, the survivors must have suffered measurable damages due to the loss of their loved ones. This can include both economic damages (e.g., loss of income, medical and funeral expenses) and non-economic damages (e.g., loss of companionship, emotional suffering).
You must prove each element to successfully win a wrongful death lawsuit. The Louisville wrongful death law firm of Stein Whatley Astorino, PLLC, has the knowledge and expertise to:
- investigate
- gather evidence
- engage experts
- prove these tragic cases
Call now to discuss your case with one of their dedicated Louisville wrongful death attorneys. The initial consultation is free and confidential. 502.553.4750.
KENTUCKY WRONGFUL DEATH LAWS
In the Commonwealth of Kentucky, the ability to bring a wrongful death claim against a bad actor is a deeply rooted right. Wrongful death claims are such a fundamental ideal in justice that it was ratified in Section 241 of the Kentucky Constitution:
“Whenever the death of a person shall result from an injury inflicted by negligence or wrongful act, then, in every such case, damages may be recovered for such death, from the corporations and persons so causing the same.”
Kentucky later codified the wrongful death action in Kentucky Revised Statute 411.130(1):
“Whenever the death of a person results from an injury inflicted by the negligence or wrongful act of another, damages may be recovered for the death from the person who caused it, or whose agent or servant caused it.”
The Kentucky wrongful death statute adds that punitive damages may be recovered if the act was willful or caused by gross negligence. Both the Kentucky Constitution and Kentucky Revised Statute require the wrongful death lawsuit to be brought by the personal representative of the deceased.
In Kentucky, wrongful death lawsuit compensation is generally distributed among the surviving spouse, children, and parents. Our blog section discusses in depth how wrongful death money is split among family members. We recommend that you speak to one of the best wrongful death lawyers about your situation and options.
INDIANA WRONGFUL DEATH LAWS
In the State of Indiana, wrongful death cases are primarily governed by three statutes, each of which applies to different types of wrongful death cases. These statutes lay out the requirements for filing a wrongful death lawsuit, who can file, and what damages may be recovered.
Indiana General Wrongful Death Statute
The general wrongful death statute applies to most wrongful death actions and is located at IC 34-23-1-1. The code states in part:
“When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, if the former might have maintained an action had he or she, as the case may be, lived, against the latter for an injury for the same act or omission.”
The Indiana wrongful death statute does not allow for punitive damages to be recovered in these actions. Indiana Code requires the wrongful death lawsuit to be brought by the personal representative of the decedent’s estate.
Under this code provision, wrongful death lawsuit compensation is generally distributed among the surviving spouse, dependent children, and dependent next of kin. Our blog section discusses in depth how wrongful death settlements are split among family members. We recommend that you speak to one of our knowledgeable wrongful death lawyers about your situation and your options.
Indiana Adult Wrongful Death Statute
The adult wrongful death statute applies to unmarried adults who have no children or other dependents or are married but whose spouse caused their death and is found at IC 34-23-1-2.
Please be advised that Indiana will not allow damages “awarded for a person’s grief” or punitive damages. Moreover, the Indiana legislature enacted certain limits whereby:
- Total damages that may be recovered under loss of the adult person’s love and companionship may not exceed three hundred thousand dollars ($300,000).
- A parent or child who wishes to recover damages has the burden of proving that the parent or child had a genuine, substantial, and ongoing relationship with the adult person before the parent or child may recover damages.
- A court or a jury may not hear evidence concerning the lost earnings of an adult person caused by a wrongful act or omission.
- In awarding damages to more than one person, the court or the jury must specify the amount of the damages that should be awarded to each person.
Indiana Child Wrongful Death Statute
The child wrongful death law is located at IC 34-23-2-1 and applies to any unmarried individual without dependents who is under twenty (20) years old or is less than twenty-three (23) years of age and is enrolled in a postsecondary educational institution or a career and technical education school or program that is not a postsecondary educational program. Child does include a fetus that has reached viability as defined in IC 16-18-2-365.
The Indiana child wrongful death law allows a lawsuit against the person whose wrongful act or omission caused the injury or death of a child. In general, a wrongful death action for a child in Indiana can be filed by the mother or father, person in custody of the child, or guardian.
The Indiana legislature limited recovery for the death of children to:
- The period from the death of the child until the date that the child would have reached twenty (20) years of age.
- Or twenty-three (23) years of age if the child was enrolled in a postsecondary educational institution or in a career and technical education school or program that is not a postsecondary educational program.
- Or the date of the child’s last surviving parent’s death.
How wrongful death money is split in Indiana is convoluted and depends upon which statute in which you are filing your action. Our blog discusses in depth how wrongful death settlement funds are distributed in Indiana. We encourage you to speak with our knowledgeable Indiana wrongful death lawyers to determine which statute is appropriate for the loss of your loved one and how the wrongful death settlement money may be distributed. Call 502.553.4750 to speak with a knowledgeable attorney now. You can also complete the contact form to have one of our skillful lawyers call you.
WHAT ARE COMMON CAUSES OF WRONGFUL DEATH?
Wrongful death claims in Kentucky and Indiana, like in other states, arise when a person’s death is caused by the negligence, recklessness, or intentional actions of another party. Common causes of wrongful death claims in both states include:
1. Motor Vehicle Accidents
Car Accidents. Negligence in driving, such as speeding, distracted driving, driving under the influence (DUI), or reckless driving, can result in fatal accidents.
Truck Accidents. Commercial truck accidents can lead to wrongful death claims due to driver fatigue, improper vehicle maintenance, or negligence.
Motorcycle Accidents. Often involve serious injuries and fatalities due to the lack of protection for motorcyclists.
Pedestrian Accidents and Bicycle Accidents. Negligent drivers may cause fatal injuries to pedestrians or cyclists.
2. Medical Malpractice
Misdiagnosis or Delayed Diagnosis. Failure to diagnose a serious condition like cancer or heart disease can result in wrongful death.
Surgical Errors. Mistakes during surgery or anesthesia errors can lead to death.
Medication Errors. Wrong prescriptions or incorrect dosages can be fatal.
Birth Injuries. Negligence during labor and delivery can result in the death of the mother or the newborn.
3. Workplace Accidents
Construction Accidents. Falls, equipment failures, or lack of safety measures can lead to fatalities.
Industrial Accidents. Dangerous machinery, toxic chemicals, or poor safety protocols can result in wrongful death.
Exposure to Hazardous Substances. Long-term exposure to asbestos, chemicals, or other hazardous materials can lead to conditions like mesothelioma or other fatal illnesses.
4. Defective Products (Product Liability)
Automotive Defects. Faulty brakes, airbags, or seatbelts can result in fatal accidents.
Defective and Dangerous Drugs or Defective Medical Devices. Drugs with dangerous side effects or medical devices that malfunction can cause death.
Defective Household Products or Defective Consumer Products. Unsafe consumer products, such as faulty electronics or appliances, can lead to fatal injuries.
5. Premises Liability Accidents
Slip and Fall Accidents. Poor maintenance of property, such as unaddressed hazards like wet floors or broken staircases, can result in fatal falls.
Swimming Pool Accidents. Lack of supervision, unsecured pools, or faulty pool equipment can lead to drowning.
Fire or Carbon Monoxide Poisoning. Failure to install proper safety equipment like smoke detectors or failure to fix hazards can lead to wrongful death claims.
6. Nursing Home Negligence or Abuse
Neglect. Failure to provide proper care, such as necessary medical treatment, nutrition, or hydration, can lead to death.
Abuse. Physical, emotional, or financial abuse by caregivers can cause fatal injuries or conditions.
7. Criminal Acts or Intentional Acts
Homicide. Intentional killing or manslaughter can result in wrongful death claims. Kentucky statute also allows survivors of persons killed with a deadly weapon to have claims against the person who committed the killing and all others aiding or promoting the killing.
Assault. Fatal injuries resulting from violent physical attacks can lead to a wrongful death case.
8. Aviation or Boating Accidents
Airplane Crashes. Pilot error, mechanical failure, or weather-related issues can lead to fatal aviation accidents.
Boating Accidents. Negligence on the water, such as operating a boat while intoxicated, can result in fatal accidents.
Understanding the causes of wrongful death is crucial in building a claim and seeking compensation for the losses suffered. If your loved one was killed from one of the causes listed above, call Stein Whatley Astorino, PLLC, at 502.553.4750 to talk to one of their experienced Louisville wrongful death lawyers immediately. The initial consultation is free and confidential.
WHAT DO WE MEAN WHEN WE SAY “EXPERIENCED KENTUCKY AND INDIANA WRONGFUL DEATH LAWYERS”
When we refer to “experienced Kentucky & Indiana wrongful death lawyers,” we mean attorneys who have a deep understanding of the laws, legal procedures, and complexities specific to wrongful death claims in both Kentucky and Indiana. Our team of dedicated wrongful death attorneys has honed their skills through years of practice, representing families who have lost loved ones due to negligence or misconduct of others.
Our team of wrongful death attorneys is dedicated to ensuring that clients receive the best possible legal representation during a difficult and emotional time. The Stein Whatley Astorino, PLLC approach navigates grieving families through specific state statutes affecting their case, aggressively investigates and gathers evidence, negotiates with insurance companies, and takes their case to trial if necessary.
Our experienced Louisville wrongful death lawyers have a track record of successfully handling cases like yours in Kentucky and Indiana. Put our experience to work for you. Call 502.553.4750 to get the justice you and your family deserve. You can also complete the contact form to the right and have us call you.
DO I HAVE A WRONGFUL DEATH CLAIM?
A wrongful death claim arises when a loved one dies due to the negligence, recklessness, or intentional misconduct of another party. These fatalities can happen under many circumstances. If you are a close family member—such as a spouse, child, or parent of the deceased—you may be eligible to file this type of claim in Kentucky and Indiana. Key factors to consider include whether the death was caused by someone else’s fault (for example, in a car accident, medical malpractice, or a workplace incident) and whether the deceased would have had grounds for a personal injury claim had they survived.
The purpose of a wrongful death claim is to seek compensation for the financial and emotional losses caused by the death, such as funeral expenses, loss of income, and loss of companionship.
Consulting with one of our top Louisville wrongful death lawyers who specialize in fatal injury cases is crucial to assess whether you have a valid claim based on your specific circumstances. Call 502.553.4750 to speak to an attorney now. The initial consultation is free and confidential.
WHAT SHOULD I DO IF MY LOVED ONE WAS KILLED IN A WRONGFUL DEATH ACCIDENT?
If your loved one was killed in a wrongful death situation, it is important to take certain steps to protect your rights and seek justice. Here are the actions you should consider:
1. Contact a Wrongful Death Attorney.
You do not want to speak to just any attorney. You want to speak to wrongful death lawyers who specialize in helping families pursue compensation when a loved one dies due to someone else’s negligence or intentional acts. Our team of wrongful death lawyers can evaluate your case, explain your legal options, and help determine whether you should pursue a lawsuit.
2. Preserve Evidence.
Keep any medical records, accident reports, or evidence related to the incident. If there were witnesses, get their contact information. If possible, gather photos or videos of the scene of the incident or anything you believe relevant to the case. Our attorneys can do much of this for you.
3. Determine Who Is Responsible.
Our best wrongful death attorneys will help you determine who may be legally responsible, whether it’s an individual, a company, or an institution. During this process, we consider all factors as responsibility may be tied to a range of factors, including negligence, defective products, and/or intentional harm.
4. File a Wrongful Death Claim.
In Kentucky and Indiana, the spouse, children, and sometimes parents or other close family members can file a wrongful death lawsuit. Contact us to determine your eligibility. If eligible, our knowledgeable lawyers will draft the necessary probate documents and file the wrongful death complaint for you.
5. Support Yourself Emotionally.
Seek counseling or therapy. Losing a loved one is incredibly difficult, and getting emotional support can help you cope. Family and friends can be a source of strength and comfort during this time.
6. Prepare for the Legal Process.
Provide your lawyer with all the information they need and stay engaged throughout the process. Cooperating with your wrongful death attorney is a key factor in success.
Taking these steps can help you pursue justice and ensure that the party responsible for your loss is held accountable. Start the journey by calling 502.553.4750. Our Louisville wrongful death lawyers are waiting to speak with you. Initial case evaluations are free and confidential.
WHO CAN PURSUE A WRONGFUL DEATH CASE IN KENTUCKY?
In Kentucky, the right to file a wrongful death lawsuit is governed by statute. Specifically, Kentucky Revised Statute § 411.130(1). Kentucky law states that a wrongful death claim can be pursued by the personal representative of the deceased person’s estate. This person is typically named in the decedent’s will or appointed by the court if no will exists.
Stein Whatley Astorino, PLLC can help you or a loved open your loved one’s estate and get appointed personal representative through the probate process. Once the personal representative is appointed by the court, we can then file the wrongful death lawsuit whereby our skillful litigation lawyers will aggressively investigate and seek full and fair compensation for your loss.
Call 502.553.4750 to speak to Matt Stein, John Whatley, Rob Astorino, or one of their team of top-rated lawyers. You can also have us call you by completing the form to your right. Initial case evaluations are free and confidential.
WHO CAN PURSUE A WRONGFUL DEATH CASE IN INDIANA?
In Indiana, the individuals who can pursue a wrongful death claim are determined by the state’s wrongful death statutes, and it generally depends on the relationship between the deceased and the person filing the claim.
If the deceased was an adult, the wrongful death claim must generally be filed by the personal representative (executor) of the deceased’s estate. The personal representative is usually appointed by the probate court and is often designated in the deceased’s will.
If the deceased was a child, the wrongful death claim must generally be filed by the surviving father and mother, legal custodian, or guardian.
If your loved one was wrongfully killed in Indiana and you want to know your options, do not hesitate to call Stein Whatley Astorino, PLLC, at 502.553.4750. The initial case evaluation is free and confidential.
WHAT DAMAGES CAN BE RECOVERED IN A KENTUCKY WRONGFUL DEATH LAWSUIT?
In Kentucky, a wrongful death lawsuit can result in the recovery of various types of damages, depending on the circumstances of the case. The primary categories of damages include:
- Funeral and Burial Expenses. The estate can recover reasonable costs for funeral and burial services.
- Medical Expenses. Any medical costs incurred between the time of the injury and the death can be claimed. This includes hospital bills, surgeries, medications, and other medical care.
- Loss of Earning Capacity. The estate may recover compensation for the loss of the deceased’s future earnings. This represents the income the deceased would have earned had they lived.
- Loss of Consortium and Companionship. Family members, especially the spouse and children, can recover damages from the loss of companionship, affection, and guidance they would have received from the deceased.
- Pain and Suffering. If the deceased experienced conscious pain and suffering before death, these damages can be claimed. However, this requires evidence that the deceased was aware of the pain prior to death.
- Punitive Damages. In cases where the defendant’s actions were particularly egregious or reckless, the court may award punitive damages to punish the wrongdoer and deter similar conduct in the future. Kentucky does allow punitive damages in some wrongful death cases.
- Loss of Benefits. The family may also recover compensation for the loss of benefits that the deceased would have provided, such as health insurance, pensions, and other employment-related benefits.
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Loss of Services. This includes compensation for the loss of household services the deceased would have performed, such as home maintenance, childcare, and other responsibilities.
Each wrongful death case is unique. Consulting with one of our top Louisville wrongful death lawyers is essential to determine the exact damages recoverable based on the specific details of your case. Call 502.553.4750. Initial Consultation is free and confidential.
WHAT DAMAGES CAN BE RECOVERED IN AN INDIANA WRONGFUL DEATH LAWSUIT?
In Indiana, the types of damages that can be recovered vary depending on the circumstances. This includes whether the deceased was an adult or a child and whether there were dependents.
Here are the key types of damages that can typically be recovered in Indiana wrongful death cases:
- Medical and Funeral Expenses. The costs incurred for medical treatment related to the deceased’s injury or illness before their death. Also recoverable are the reasonable expenses for the funeral, burial, or cremation.
- Lost Wages and Benefits. Compensation for the wages the deceased would have earned had they lived, especially if the deceased was a primary breadwinner. This includes things like health insurance, pension plans, and other employment benefits the deceased would have provided to the family.
- Loss of Love, Care, and Companionship. Surviving spouses and children can recover damages for the loss of companionship, care, and affection that the deceased would have provided. Parents of a deceased child may also seek compensation for the loss of the child’s love and companionship.
- Loss of Services. This includes compensation for the loss of household services the deceased would have provided, such as childcare, home maintenance, and other contributions to the household.
- Loss of Parental Guidance. If the deceased was a parent, children may be entitled to damages for the loss of guidance, education, and care that the parent would have provided during their lifetime.
- Attorney’s Fees and Costs. Indiana law allows for the recovery of reasonable attorney’s fees and legal costs associated with bringing the wrongful death lawsuit.
Indiana law has some limitations on the amount of damages that can be recovered in wrongful death cases. For example, under Indiana’s Adult Wrongful Death Act, damages for the loss of the adult person’s love and companionship may be capped at $300,000 for a person who was unmarried without dependents. Moreover, under Indiana’s Adult Wrongful Death Act, compensation may not include damages awarded for a person’s grief or punitive damages.
PUNITIVE DAMAGES IN A WRONGFUL DEATH CASE
Punitive Damages in Kentucky Wrongful Death
In wrongful death cases, punitive damages are awarded in certain circumstances where the defendant’s conduct is particularly egregious or reckless. Kentucky generally allows punitive Damages in wrongful death cases if the defendant’s conduct was particularly wanton or reckless or demonstrated a gross disregard for the safety of others. Punitive damages in Kentucky require clear and convincing evidence that the defendant acted with oppression, fraud, or malice.
Punitive Damages in Indiana Wrongful Death
Although punitive damages are not recoverable in Indiana wrongful death actions, they may be available for other injury claims.
Get the full and fair compensation you and your family deserve. Call 502.553.4750 to consult with our best Louisville wrongful death lawyers. The initial consultation is free and confidential.
HOW MUCH DOES A WRONGFUL DEATH ATTORNEY CHARGE?
At Stein Whatley Astorino, PLLC, our top wrongful death attorneys work a straightforward contingency fee arrangement to provide exceptional legal representation for everyone while maintaining transparency regarding our legal fees. You don’t bear any financial responsibility unless we win your case. You do not owe anything unless we are able to recover compensation for you and your family.
We believe that this straightforward contingent fee model is the best for injury victims for several reasons. First, it allows people with little or no money to have access to the top wrongful death lawyers in the region. The best wrongful death lawyers should not be only accessible to the rich and well-to-do. Secondly, the straightforward fee structure aligns client interests with those of their legal counsel. Lastly, the burden of risk is on our wrongful death lawyer to get a favorable result for you. Learn about the advantages of contingency fee agreements in our blog.
Call 502.553.4750 to discuss how you can set up a contingent fee agreement with Stein Whatley Astorino, PLLC, and receive the full and fair compensation you deserve. The initial consultation is free and confidential.
LEGAL REPRESENTATION AFTER A WRONGFUL DEATH ACCIDENT
We provide personalized legal representation centered on the nature of your loved one’s death and how their loss uniquely impacts your family’s lives. We strive to secure the financial compensation you and your family rightfully deserve. Our dependable wrongful death lawyers have extensive experience handling a variety of wrongful death accidents.
We make every attempt to settle wrongful death claims for grieving families. However, big insurance companies often construct barriers to information and regularly deny access to important information and evidence. In most cases, there is no alternative but to sue the responsible party to get access to the evidence to prove your case.
For this reason, it is essential to hire a proven litigator and trial lawyer in Kentucky and Indiana. Not all lawyers have experience in litigation and jury trials. All wrongful death lawyers at Stein Whatley Astorino, PLLC, are skillful litigation lawyers and trial lawyers.
Protection Against Big Insurance Companies
Don’t let a big insurance company treat you in bad faith or withhold information to deny or undervalue your wrongful death claim. Get justice for your loss. Insurance companies will withhold information from wrongful death claimants until they are forced to hand over the information. The only way to force them is to file a wrongful death lawsuit and use the power of the court to make them hand over the information.
The reliable Louisville wrongful death lawyers at Stein Whatley Astorino, PLLC, possess extensive expertise in negotiating settlements for grieving families. Additionally, our team has substantial courtroom experience in Kentucky and Indiana if a settlement cannot be reached. Our Kentucky trial lawyers and Indiana trial lawyers will efficiently maintain momentum in litigation. They’ll keep insurance companies on their toes. Our clients get better settlement offers and jury awards as a result of our approach.
Before selecting a lawyer, inquire whether the attorney is willing to go to trial. Additionally, evaluate their performance history. Matt Stein, John Whatley, and Rob Astorino are ready to take your case to trial if necessary. Our commitment is what allows us to secure full and fair settlements for our grieving clients.
Contact a Louisville wrongful death lawyer today at 502.553.4750. The initial consultation is free.
MANDY JO’S LAW AND KENTUCKY WRONGFUL DEATH CASES
In July 2000, the law changed to remedy injustices in wrongful death awards to parents who abandoned their children. Kentucky codified Mandy Jo’s Law by collectively enacting KRS 411.137 and KRS 391.033. KRS 411.137 states in part:
“A parent who has willfully abandoned the care and maintenance of his or her child shall not have a right to maintain a wrongful death action for that child and shall not have a right otherwise to recover for the wrongful death of that child whereby a parent who abandoned their child during the child’s lifetime, cannot benefit from the child’s death.”
According to the Kentucky Supreme Court, Mandy Jo’s Law, as currently written, is not applicable when the child in question is stillborn.
HOW TO CONTACT A WRONGFUL DEATH LAWYER NEAR ME?
If you’re seeking a wrongful death lawyer and live in Kentucky or Indiana, Stein Whatley Astorino, PLLC, is a wrongful death firm that serves clients in your area. Our offices are located nearby in Louisville, Ky. However, we provide legal assistance to those dealing with wrongful death cases throughout Indiana and Kentucky. We offer free and confidential consultation scheduling through our online contact form.
We make ourselves available to meet at our office. However, we can also communicate over the phone, Zoom, FaceTime, or come to you at your convenience. As a local wrongful death firm, we have a commitment to supporting grieving families like yours across Kentucky and Indiana. Our goal is to make ourselves a convenient and accessible option for your legal needs. We believe that people who live in rural areas should have the same access to top-quality legal representation as people in large cities.
Call 502.553.4750 to set up your free and confidential initial case evaluation.
MEDICAL MALPRACTICE IN KENTUCKY WRONGFUL DEATH CASES
According to a Public Citizen 2004 report estimate, there are at least 632 to 1,407 preventable deaths in Kentucky each year that are due to preventable medical errors. In 2004, The New England Journal of Medicine released an article stating that 44,000 to 98,000 people die in hospitals each year because of preventable medical errors, making hospital-based errors alone the eighth leading cause of death in the United States.
Medical malpractice can lead to wrongful death cases when a healthcare provider’s negligence or failure to provide the appropriate standard of care results in a loved one’s death. The claim must prove that the healthcare provider’s negligence directly caused the death. Damages in such cases may include compensation for medical expenses, funeral costs, loss of income, and loss of companionship. Kentucky law has a statute of limitations on such cases, which generally require the lawsuit to be filed within one year of the death or the discovery of the malpractice.
Common Types of Medical Malpractice That Cause Wrongful Death
Medical malpractice resulting in wrongful death often involves several common types of errors. One frequent cause is misdiagnosis or delayed diagnosis, where a healthcare provider fails to identify a serious condition in time for effective treatment. Surgical errors also contribute to fatal accidents, such as performing incorrect procedures, operating on the wrong body part, or leaving surgical instruments inside the body. Another major error type is medication mistakes, whereby your loved one is prescribed the wrong drug or dosage. Anesthesia mistakes can also result in fatal complications if not properly monitored. Finally, birth injuries due to negligence during labor and delivery can tragically lead to the death of infants or their mothers. Each of these instances can involve a breach of the standard of care leading to preventable fatalities.
Evidence in a Wrongful Death Lawsuit with Medical Malpractice
Evidence plays a critical role in proving that a healthcare provider’s negligence directly caused the patient’s death. Key pieces of evidence typically include medical records, expert testimony, autopsy reports, and documentation of the standard of care that should have been followed.
- Medical Records. Medical records detail the treatment provided and can reveal deviations from accepted medical practices.
- Expert Witnesses. Expert witnesses are usually medical professionals and often testify to establish whether the care given fell below the accepted standard.
- Autopsy Reports. Autopsy reports may provide crucial insights into the cause of death, linking it to the alleged malpractice.
- Surviving Family. Additionally, the plaintiff may present evidence of the financial and emotional losses suffered by the family due to the death.
If you lost a loved one due to a medical provider’s negligence, call Stein Whatley Astorino, PLLC, to speak with one of our best Louisville wrongful death attorneys. 502.553.4750. The initial case evaluation is free and confidential.
FREQUENTLY ASKED QUESTIONS ABOUT WRONGFUL DEATH CASES (FAQS)
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Can I Get Compensation for the Loss of Affection and Companionship if my Child is wrongfully killed in Kentucky?
Yes. KRS 411.135 says that in a wrongful death case in which the individual killed was a minor child, “the surviving parent, or parents, may recover for loss of affection and companionship that would have been derived from such child during its minority, in addition to all other elements of the damage usually recoverable in a wrongful death action.”
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What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action to compel compensation from a bad actor who caused someone’s death through their negligent or intentional actions. The lawsuit may be necessary to gather and preserve evidence or because the claims could not be settled voluntarily between the plaintiff and defendant. It is important to discuss your situation with one of our trusted Louisville wrongful death attorneys to see if a lawsuit is appropriate.
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How Long Can Wrongful Death Cases Take in Kentucky or Indiana?
The timeline for a wrongful death case can vary significantly based on several factors. On average, such cases can take anywhere from several months to a few years to resolve. The length of time depends on the complexity of the case, the amount of evidence and witness testimony required, the willingness of both parties to negotiate a settlement, and whether the case goes to trial. Pre-trial settlements typically result in quicker resolutions, while a trial can extend the process. Other factors, like court backlogs and appeals, can also influence the duration. It’s important to consult with one of our Louisville wrongful death attorneys to get an accurate estimate based on the specifics of the case.
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How Long Do I Have to File a Wrongful Death Lawsuit in Kentucky?
Understanding the statute of limitations for a wrongful death case in Kentucky is crucial for those seeking justice. The Commonwealth of Kentucky has strict deadlines that must be met.
In general, the claim must be filed within one year of the death or the appointment of the estate’s personal representative. There may be other circumstances that could affect the deadline. Given these circumstances, contacting our Louisville wrongful death lawyers as soon as possible is critical to ensure your case is filed within the appropriate time frame to preserve your rights to recovery.
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How Long Do I Have to File a Wrongful Death Lawsuit in Indiana?
Understanding the statute of limitations for a wrongful death case in Indiana is important for grieving families seeking justice for a loved one. The State of Indiana has strict deadlines that must be met. The general statute of limitations for filing such a lawsuit in Indiana is two years. There may be other circumstances that could affect the deadline. It is best to consult one of our Indiana wrongful death attorneys familiar with Indiana law to determine how the statute of limitations applies in your unique case.
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Who Can File a Wrongful Death Claim in Kentucky?
As discussed, a claim for wrongful death in Kentucky must be filed by the personal representative of the deceased’s estate. To determine the specifics of your situation, contact one of our skillful Louisville wrongful death attorneys.
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Who Can File a Wrongful Death Claim in Indiana?
As mentioned, if the deceased was an adult, the wrongful death claim in Indiana must generally be filed by the personal representative (executor) of the deceased’s estate. If the deceased was a child, then the wrongful death case must generally be filed by the surviving father and mother, legal custodian, or guardian. Contact one of our knowledgeable Louisville wrongful death lawyers to determine the specifics of your situation.
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How is Wrongful Death money paid out in Kentucky?
If a wrongful death settlement or judgment is reached, Kentucky divides the money as follows:
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- If the deceased leaves a widow or husband and no children or their descendants, then the whole will go to the widow or husband.
- If the deceased leaves a widow and children or a husband and children, then one-half (1/2) to the widow or husband and the other one-half (1/2) to the children of the deceased.
- If the deceased leaves a child or children, but no widow or husband, then the whole to the child or children.
KRS 411.130(2) outlines the full order of distribution. For more information about the distribution of wrongful death funds, contact our trusted wrongful death attorneys today.
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How is Wrongful Death money paid out in Indiana?
Wrongful death proceeds in Indiana are paid according to the type of wrongful death statute relied upon for making the claim. If the general wrongful death claim is used, then the wrongful death settlement will generally be paid out as follows:
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- The part of settlement or judgment that is recovered for reasonable medical, hospital, funeral, and burial expenses shall inure to the exclusive benefit of the decedent’s estate.
- The remainder of the settlement or judgment money, if any, shall, subject, inure to the exclusive benefit of the widow or widower, as the case may be, and to the dependent children, if any, or dependent next of kin, to be distributed in the same manner as the personal property of the deceased.
If the adult wrongful death statute is relied upon to make the claim in which settlement or judgment was reached, then the money will be paid out as follows:
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- Damages awarded for medical, hospital, funeral, and burial expenses inure to the exclusive benefit of the adult person’s estate for the payment of the expenses.
- The remainder of the damages inure to the exclusive benefit of a non-dependent parent or nondependent child of the adult person.
The full order of settlement or award distribution is outlined in IC 34-23-1-1, IC 34-23-1-2, and IC 34-23-2-1. If you would like more information about the distribution of wrongful death funds, reach out to our knowledgeable wrongful death attorneys today.
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How Is Financial Compensation Determined in Wrongful Death Cases?
In wrongful death cases, financial compensation is determined by a variety of factors. One part of determining compensation is by assessing both economic and non-economic losses suffered by the survivors. Economic damages typically include the loss of future income and benefits that the deceased would have provided. This may include medical and funeral expenses and the potential loss of services. Non-economic damages focus on the emotional and psychological toll, covering the loss of companionship, guidance, and emotional support endured by both the family.
In certain instances, Kentucky courts may also award punitive damages when the death is caused by particularly egregious conduct, aiming to punish the wrongdoer and prevent similar future actions. Please be advised that Indiana does not allow punitive damages. The level of compensation often depends on the degree of financial dependency of the survivors, the age and health of the deceased, and the specific legal standards in Kentucky and Indiana.
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Are There Damage Caps on Wrongful Death Compensation in Kentucky?
No. Kentucky has no restrictions on compensation.
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Are There Damage Caps on Wrongful Death Compensation in Indiana?
Yes. There are a variety of ways that Indiana places restrictions on wrongful death recoveries. First, Indiana does not allow punitive damages even if the person responsible was acting with reckless or egregious behavior. Indiana limits the loss of love and companionship in adult wrongful death claims to $300,000.00. Other restrictions include that a court or a jury may not hear evidence concerning the lost earnings. Also, if a parent or child wishes to recover damages under the adult wrongful death statute, they have the burden of proving that the parent or child had a genuine, substantial, and ongoing relationship with the adult person before the parent or child may recover damages.
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How Hard Is It to Prove Wrongful Death?
The difficulty can depend on the circumstances of the case, the available evidence, and the legal resources at your disposal. You must show that the defendant acted negligently or with intent to cause harm. This involves proving the elements of duty, breach, causation, and damages to win a wrongful death claim. You must gather evidence to support your claims, such as:
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- medical records
- expert witness testimony (e.g., medical experts, accident reconstruction specialists)
- eyewitness accounts
- police reports
- documentation of financial losses (e.g., funeral costs, lost income).
In civil cases, including wrongful death, the burden of proof is “preponderance of the evidence.” This means that it must be more likely than not that the defendant’s actions caused the death. Strong legal representation is key to success in these cases.
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How Do I Choose a Wrongful Death Lawyer Near Me?
Choosing a quality wrongful death lawyer requires careful consideration of several factors. This will ensure you have the best representation during a difficult time. Start by looking for attorneys who specialize in wrongful death cases. These attorneys will have the expertise and understanding of the complex legal issues involved. Experience is key—choose a reputable lawyer with a proven track record of successfully handling cases like yours. Check their reputation by reading client reviews and testimonials. Personal compatibility is important as well. Make sure the lawyer communicates clearly, listens to your concerns, and is empathetic to your situation. Additionally, consider their fee structure, whether it’s contingency-based (where they only get paid if you win). Ensure there are no hidden costs.
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What if the Victim Died Sometime After the Injury?
Yes, you may have a wrongful death claim even if the victim died sometime after the injury, depending on the circumstances. If the injury caused by someone else’s negligence or intentional act directly contributed to the victim’s death, you could still pursue a wrongful death lawsuit. The time gap between the injury and the death does not necessarily negate liability. However, the time gap may complicate the legal process. Discussing the facts of your case with our attorneys with a background in wrongful death cases can help clarify your eligibility.
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Will My Wrongful Death Case Go To Court?
Whether a wrongful death case goes to court depends on various factors. Many wrongful death claims in Kentucky and Indiana are settled through negotiations between the parties. This can help avoid the need for a trial. However, if a full and fair settlement cannot be reached, the case may proceed to court, where a judge or jury will decide the outcome. The decision to go to trial often hinges on the strength of the evidence, the willingness of both sides to compromise, and legal strategies used by the attorneys. Ultimately, each case is unique, and our best Louisville wrong death lawyer can guide you through the process.
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Do I Need an Autopsy to Prove a Wrongful Death Claim?
An autopsy is crucial after a wrongful death because it provides key medical evidence to determine the exact cause and manner of death. These findings can clarify any suspicions of foul play, negligence, or malpractice. They can also be critical in legal proceedings, helping to establish liability and identify responsible parties. It ensures transparency and can prevent potential cover-ups by providing an unbiased, scientific analysis of the deceased’s condition. Moreover, it can bring closure to grieving families by offering answers and contributing to justice being served.
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What To Do After a Fatal Accident of a Loved One?
The short answer is to call the wrongful death firm of Stein Whatley Astorino, PLLC, to determine if you have a claim. We can help you identify and gather the necessary information to support your claim before it is lost. Preservation of evidence can be essential to winning these claims.
SCHEDULE A FREE CONSULTATION WITH OUR FATAL ACCIDENT LAWYERS
Contact us today to schedule a free and confidential consultation with our knowledgeable fatal accident lawyers. Discuss your case and explore your legal options. We understand the emotional and financial challenges following the tragic loss of a loved one. Our compassionate team is serious about providing personalized support and expert guidance. Stein Whatley Astorino, PLLC, has 80+ cumulative years of experience in wrongful death and fatal accident claims. We will fight for the justice and compensation you and your family deserve. Let us handle the legal complexities while you focus on healing. Contact us now for a confidential and no-obligation consultation.
Scheduling an appointment with our best wrongful death lawyers is easy. Call 502.553.4750 to speak with an attorney now. You can also fill out our quick contact form on the right to have one of our lawyers call you.
CONTACT A WINNING WRONGFUL DEATH LAWYER IN KENTUCKY AND INDIANA TODAY!
If your loved one was killed in a fatal accident, Stein Whatley Astorino, PLLC, and their winning team of wrongful death lawyers are available to help. Protect your rights. Matt Stein, John Whatley, Rob Astorino, and their team will fight to get the full and fair compensation you and your family deserve. Call 502.553.4750 to begin the conversation. The initial consultation is free. Serious Attorneys. Serious Results.
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