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Personal injury

Louisville wrongful death attorney.

When negligence takes a family member, no lawsuit can make it right. What it can do is hold the responsible party accountable and protect the family from the financial consequences of a loss that should never have happened. Justin handles these cases with directness and care.

Empty wooden bench beneath a tree

Kentucky gives the family a claim. Justin makes sure it is brought correctly.

Kentucky's wrongful death statute allows recovery when a death is caused by the negligence or wrongful act of another, whether that is a drunk driver, a trucking company, a negligent physician or a property owner. The claim is brought by the personal representative of the deceased person's estate, and the recovery, after funeral expenses and costs, passes to the surviving family in the order Kentucky law sets: spouse and children first, then parents, then other kin. Because the case runs through the estate, it often begins with opening a probate estate, something Gooch Law also handles.

What can be recovered

  • Funeral and burial expenses.
  • The value of the deceased person's lost earning power over the life they would have lived.
  • Medical expenses from the injury before death, and the person's own conscious pain and suffering, brought as a separate survival claim on behalf of the estate.
  • Loss of consortium for a surviving spouse, and for minor children the loss of a parent's care and guidance.
  • Punitive damages in cases of gross negligence or intentional conduct, such as drunk driving.
Deadlines in a wrongful death case

Kentucky wrongful death claims are generally measured from the appointment of the personal representative and carry a one-year limit from that date, with an outer limit from the date of death. Motor vehicle deaths interact with the no-fault two-year rule. These timelines are unforgiving and easy to miss while a family is grieving, which is exactly why Justin tracks them from the first call.

Causes of wrongful death Justin handles

Car, truck and motorcycle crashes, including those caused by impaired drivers. Medical malpractice and nursing home neglect. Workplace and construction accidents involving third parties. Premises hazards. Defective products. Where a death also results in criminal charges against the responsible person, Justin's background as a prosecutor helps the family understand how the criminal and civil cases interact.

How the case proceeds

Justin opens the estate if one is needed, secures the evidence, identifies every source of insurance and builds the economic case with the help of experts who can quantify a lifetime of lost support. Settlement discussions happen only when the family is ready and the file is complete. If the insurer will not pay what the loss is worth, the case is tried.

A family matter, handled as one

Justin grew up with a father who practiced wills and probate, and he carries that practice forward. He understands that a wrongful death case arrives at the worst moment in a family's life. He explains each step, keeps the family informed and takes the burden of dealing with insurers and courts off their shoulders.

Common questions

Wrongful death: what people ask first.

Who can bring a wrongful death claim in Kentucky?

The personal representative of the estate, appointed by the probate court. The recovery is then distributed to the family according to the statute. Justin can handle both the estate appointment and the claim.

Does a criminal case against the driver affect our claim?

They are separate. A conviction can be powerful evidence, but the civil claim does not wait for the criminal case and does not depend on a conviction. Justin coordinates the timing.

How long does a wrongful death case take?

Longer than most injury cases because the economic loss has to be established with expert evidence and the defendants fight hard. Many resolve within one to two years; some require trial.

What does it cost the family?

Nothing upfront. Wrongful death cases are handled on contingency, with the fee paid only from a recovery.

Hurt and not sure what to do next?

Call Justin. The consultation is free, and injury cases are handled on contingency.