Louisville's Leading Wrongful Death Lawyers

Wrongful Death

Wrongful Death Attorneys Serving All Of Kentuckiana

Wrongful Death Lawyers Representing Families Throughout Kentucky, Indiana & Tennessee

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Few things in life are more painful than unexpectedly losing a loved one. And if your loved one’s death is caused by the misconduct of another person or party, you may be wondering where you can turn for help.

At Sam Aguiar Injury Lawyers, our compassionate Louisville-based wrongful death attorneys specialize in supporting families during their toughest moments, and we are ready to help you, too. Family tragedies require time to heal, but bills and other monetary concerns related to your loved one’s death won’t wait and can leave your family facing financial uncertainty.

We can help you get justice through compensation for your loss and hold the at-fault party accountable for your loved one’s passing. Contact us today to speak with an attorney about your case.

What Is Wrongful Death?

In Kentucky, a wrongful death refers to any death that is caused by the negligence of another person or party, such as a hospital or business. A wrongful death claim is a legal action that the surviving family members can file to seek compensation for the loss of their loved one and hold the negligent party responsible in civil court. 

Common Causes of Wrongful Death

Various circumstances can result in wrongful death, with the most frequent being the following types of accidents:

  • Bicycle Accidents: While bicycle trips account for only 1% of all trips in the U.S., the number of bicyclists who die in collisions with other vehicles each year is more than double that of motor vehicle crash victims. In Kentucky, there were as many as 213 bicycle and pedestrian accidents in 2023 resulting in serious injuries, and 136 resulting in a death.

  • Birth Injuries: Birth injuries can lead to maternal death and the death of the infant. According to the CDC, approximately 700 women die annually in the U.S. due to birth injuries. Meanwhile, Kentucky has an infant mortality rate of 6.15 deaths per 1,000 live births, higher than the national average, with birth injuries and complications during delivery ranking among the top causes.

  • Dangerous Drugs: Medical drugs are intended to aid, not harm, patients. However, some drugs can have devastating health effects and result in death for patients when they are negligently prescribed, manufactured, or designed. For instance, Invokana, a diabetes medication, may have led to more than 450 deaths between 2013 and 2020.

  • Daycare Incidents: Parents depend on daycare centers to provide responsible care for their children, but that’s not always what happens. Chillingly, children have sustained serious and even fatal injuries due to abuse and neglect while in daycare settings.

  • Defective Medical Devices: Numerous Americans lose their lives because the medical devices physicians use to improve their health and well-being are defective. If your loved one died because of a faulty medical device, you may file a wrongful death lawsuit on their behalf.

  • Defective Consumer Products: Defective household products and auto parts flood the market every year. Sometimes the manufacturer isn’t aware of the defect through lack of appropriate safety testing, and it doesn’t become known until it causes several injuries and deaths. Other times manufacturers are aware but fail to warn consumers about the potential risks of using their product.

  • Medical Malpractice: We trust doctors to help get us well. Unfortunately, many doctors are guilty of negligence, including misdiagnosis, delayed diagnosis, incorrect treatment, and surgical errors. It’s estimated that more than 251,000 deaths occur annually in the U.S. due to medical errors.

  • Motorcycle Accidents: Motorcycle accidents account for many road accident deaths. According to the National Highway Traffic Safety Administration (NHTSA), there were around 5,932 motorcyclist deaths in the U.S. in 2021.

  • Pedestrian Accidents: Pedestrians are extremely vulnerable on the streets, and accidents involving them are more common than you think. In 2021, there were 916 auto collisions with pedestrians in Kentucky, causing hundreds of severe injuries and 77 deaths.

  • Premises Liability Accidents: Unsafe conditions on private property, both residential and commercial, account for numerous yearly injuries and fatalities. The most common premises liability accidents include drowning and slip and fall accidents, which can easily result in fatal head trauma and other injuries that may become fatal, such as broken hips.

  • Truck Accidents: Semi-trucks are capable of causing devastating accidents which result in the deaths of hundreds of Americans every year. In 2021, 304 car occupants were killed in collisions with large commercial trucks, as well as 25 truck drivers.

  • Work-Related Accidents: If your loved one passed away due to a workplace accident, you may be entitled to pursue a wrongful death lawsuit against the employer and any other parties that might have played a role in their death.

If your loved one’s death resulted from someone else’s negligence, a wrongful death attorney in Louisville can help you hold the at-fault party accountable and get the maximum compensation possible.

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Who Can File a Wrongful Death Claim?

In Kentucky, a representative of the deceased estate can file a wrongful death claim on behalf of their surviving family members. While a personal representative files the actual claim, damages are awarded to the estate itself and the family of the deceased.

What does a wrongful death settlement include?

Damages can be recovered for:

  • Medical expenses for your loved one’s treatment before their death
  • Funeral and burial expenses
  • Punitive damages in cases of gross negligence by the at-fault party
  • Loss of household income as a result of your loved one’s death
  • Pain and suffering experienced by your loved one before death
  • Loss of companionship, care, and guidance provided by your loved one

Who can get benefits from a wrongful death claim? 

Kentucky outlines how family members divide damages in the following order:

  • If there are no children but a surviving spouse, full damages will be awarded to the spouse.
  • If there are children and a surviving spouse, the damages are split between the spouse and children.
  • If there are children but not a spouse, full damages will be awarded to the children.
  • If there are no children and no spouse, the deceased’s parents will receive the damages.

If there are no children, spouse, or parents, the deceased’s estate will receive the damages. This will go to paying off any of the estate’s debt and to anyone left in the deceased’s will.

Why It’s Important to Hire an Experienced Wrongful Death Lawyer

You can’t put a price on the life of a loved one, but if someone else caused their death through recklessness or negligence, you deserve justice. An experienced lawyer can build a strong case to show the suffering your loved one endured leading up to their death. They will also show how the loss affected your family.

Hiring an experienced wrongful death attorney from Sam Aguiar Injury Lawyers can help you negotiate with insurance companies, get a fair settlement, and avoid a prolonged trial. Should the case go to trial, you can depend on our team to fight for the maximum compensation possible on behalf of your family.

Helping Families Heal

If a person or business caused your loved one’s death, our wrongful death lawyers in Louisville have the knowledge and experience to help protect your family’s rights.

Contact Sam Aguiar Injury Lawyers 24 hours a day, 7 days a week—just call our firm at any time or fill out a free online form to get started. There’s no obligation to get a free initial consultation, and our No Fee Guarantee® means you don’t pay us anything unless we win your case.*

Don’t wait to get help. Contact our firm to schedule a free consultation today and learn how our team can help you!

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