In the wake of a deadly car accident, families face an overwhelming mix of grief, confusion, and legal uncertainty.
At Sam Aguiar Injury Lawyers, we understand how devastating this time can be.
We’re here to help you pursue the justice your loved one deserves.
Whether the accident involved a car, truck, motorcycle, or rideshare vehicle, our wrongful death lawyers have one of the strongest records of success in the state of Kentucky.
We handle every case in a manner that ensures negligent parties are held accountable.
What Is a Wrongful Death Claim in Kentucky?
A wrongful death occurs when someone’s life is taken due to the careless or wrongful actions of another.
In Kentucky, wrongful death is governed by KRS § 411.130, which allows the deceased’s estate to bring a civil lawsuit against the responsible party.
The purpose of a wrongful death claim is to seek compensation for the loss of the individual’s life and to provide financial support for surviving family members.
This is separate from any criminal charges that may also be filed concerning the fatal crash.
Who Can File a Wrongful Death Claim?
Under Kentucky law, the personal representative of the deceased’s estate must initiate the wrongful death lawsuit.
This representative is named in the person’s will or appointed by the court if no will exists.
Even though the estate files the case, the compensation is awarded to surviving family members.
How Are Wrongful Death Proceeds Distributed?
Kentucky law specifies how wrongful death damages are divided:
If there is a surviving spouse but no children
The spouse receives all damages.
If there are both spouse and children
Damages are split equally between them.
If there are only children
The children share equally.
If there is no spouse or children
The parents of the deceased receive the damages.
If no relatives are eligible
The compensation is awarded to the estate.
This differs from the systems in many other states and is often misunderstood, making it crucial to have an attorney who understands Kentucky’s unique legal framework.
Difference Between Wrongful Death and a Survivorship Claim
Wrongful death and survivorship claims are often confused, but they’re legally distinct:
Wrongful death claims focus on the losses experienced by the family members of the deceased.
Survivorship claims, under KRS § 411.133, focus on the pain, suffering, and damages the deceased experienced before death, including conscious pain, medical expenses, or lost wages before passing.
Both claims can be pursued in Kentucky, but they serve different purposes and have different beneficiaries.
Loss of Consortium
Kentucky recognizes loss of consortium as a compensable element in wrongful death cases.
This refers to the loss of companionship, guidance, comfort, affection, and support a loved one provided.
Spouses can seek compensation for the loss of marital companionship.
Children, under KRS § 411.135, may seek damages for the loss of parental consortium if a parent dies due to another’s negligence.
These are deeply personal losses beyond financial support, and Kentucky law allows families to pursue justice for them.
Fatal Car Accident Statistics
The roads in Kentucky have become increasingly deadly. According to recent data:
2023 was Louisville’s deadliest year since 2016, with 136 traffic fatalities.
In 2022, there were 128 traffic deaths. In 2021, there were 106.
Across Kentucky, 813 lives were lost in 2023, a significant increase from the previous year.
133 deaths were alcohol-related, accounting for 16% of all fatalities.
Why Families Trust Sam Aguiar Injury Lawyers
With hundreds of millions recovered for clients and a reputation built on compassion, grit, and results, we are Louisville’s trusted choice for wrongful death cases.
We handle every case with sensitivity and respect.
We pursue maximum compensation for your loss.
We don’t get paid unless we win your case.
We have a proven record in trucking, auto, and motorcycle death claims.
Let Us Help Your Family
We know you’re going through unimaginable pain.
Let us carry the legal burden while you focus on overcoming your loss.
Our wrongful death attorneys will investigate the crash, identify who is responsible, and fight for the financial compensation your family deserves.
Contact Us for a Free Consultation
If your family has suffered the loss of a loved one due to a fatal car accident in Louisville or anywhere in Kentucky, don’t face the road ahead alone.
Let our experienced legal team help you find answers and pursue accountability.
Call Sam Aguiar Injury Lawyers today
Louisville | Lexington | Serving All of Kentucky
Available 24/7 | No Fee Unless We Win
502-888-8888 | 859-888-8000
