Helping You Seek Justice Through A Wrongful Death Claim

Last updated on February 21, 2025

Losing a loved one in an accident is a tragic event. Our attorney understands that money cannot bring your family member back, but it can be critical to your future well-being. If you lost a wage-earning family member or one who contributed to the household, you will need financial compensation to cover your past, present and future losses.

If a close family member was taken from you in an accident involving a car or another passenger vehicle, a large commercial truck or a motorcycle, you could be entitled to compensation from the negligent party. Our wrongful death lawyer at Shumate, Flaherty & Eubanks, PSC, in Richmond is ready to help you fight for compensation if a loved one was killed in an accident caused by the negligence of another party.

Why You Need An Attorney To Obtain Compensation

There are strict statutory guidelines which detail who can pursue compensation in a wrongful death case. Usually, the administrator or executor of a deceased individual’s estate has the right to pursue compensation. In some cases, the law allows parents, spouses and children to pursue compensation on behalf of the deceased.

Following a fatal accident, surviving members of the deceased’s family may wonder what the value of the case is. Clearly, no amount of money can make up for the loss of a family member, so courts generally calculate the loss of a decedent’s ability to work and their power to earn money.

Our wrongful death attorney will answer your questions and determine whether there is a case to pursue. Time is of the essence because of the statute of limitations. In Kentucky, for an event or occurrence causing death not involving a motor vehicle, the statute of limitations is one year from the appointment of the personal representative for the deceased’s estate. In Kentucky, for an event or occurrence causing death involving a motor vehicle, the statute of limitations is generally two years from the date of the motor vehicle accident.

Frequently Asked Questions About Kentucky Wrongful Death Claims

Below are some of the most frequent questions our lawyer receives about wrongful death claims.

Is wrongful death the same as negligence?

They are closely related, but they are not the same thing. Negligence (along with recklessness or deliberate actions) can form the basis of the liability claim in a wrongful death claim. Negligence is the failure of someone to exercise reasonably prudent care for the safety of others in any given situation. A wrongful death action is a civil claim that seeks to recover losses related to the death of a loved one, often due to the defendant’s negligent acts or omissions.

Who are the beneficiaries of a wrongful death award in Kentucky?

Wrongful death claims are designed to compensate the family members of the deceased for the losses they may experience in connection with the death of their loved one. The deceased’s estate will usually receive compensation for their funeral expenses and any administrative costs or legal fees, while the surviving family members receive the remainder of a settlement or award. It should be noted that, with few exceptions, family members cannot directly file a wrongful death claim. It must be filed by the personal representative of the deceased’s estate.

How are wrongful death settlements paid out in Kentucky?

Kentucky law directs that compensation for wrongful death claims must be paid out in the following manner:

• All proceeds go to the surviving spouse if there are no children.
• If there is a surviving spouse and children, then the surviving spouse receives half, and the children receive half.
• All proceeds go to the children if there is no surviving spouse.
• If there is no surviving spouse or children, then the deceased surviving parents receive the compensation.

Finally, if there are no surviving relatives in those categories, then the compensation goes to the estate. Once the estate’s debts are paid, the remainder can be distributed to more remote heirs, such as siblings and grandchildren.

Don’t Miss The Deadline – Contact A Richmond Attorney Now

Get started by contacting our compassionate and knowledgeable wrongful death attorney at Shumate, Flaherty & Eubanks, PSC, by emailing or calling 859-353-0878 for a free consultation at our Richmond office today. Our lawyer represents people throughout Kentucky.