Since 1978, David Randolph Smith has personally handled well over 100 wrongful death cases including major landmark cases in Kentucky and Tennessee; also here and here .
Below the Kentucky personal injury and wrongful death attorneys at DRS Law answer frequently asked questions about Kentucky wrongful death cases:
1. How will we communicate about my case?
If we take your case, you can call us at any time. We are available via text, email or phone call.
2. Will attorneys handle the case personally?
Yes, our team of lawyers will personally handle your case. If we take your case, it’s because we believe we can help you.
3. What is your caseload currently?
We maintain a manageable and focused caseload (with 5 attorneys in our office). Our business model is to handle significant cases (as to $ or public policy). We do not have a high-volume practice.
4. How much compensation do you think I could receive?
In a death case the elements or categories of damages include:
- Lost earning power of the deceased
- Funeral bills· Pain and suffering before death
- Medical bills before death
- Loss of consortium by a minor child or spouse
So in the event of a settlement or verdict, the amount awarded can be substantial, if successful–especially if there is a claim for lost earnings and loss of love and affection.
5. How does the process of filing a wrongful death lawsuit work?
There is one year to sue. We would contact the responsible party and place them on notice of the claim. We would then engage in settlement discussions if they were interested before filing suit. We would file suit after gathering as much info as possible (policies, procedures, reports etc.)
We have won cases in the KY Supreme Court. See here and here
6. Who can file a wrongful death case in Kentucky?
In Kentucky, the personal representative (sometimes called “the executor”) of the deceased person’s estate must file a wrongful death claim in most cases. If there is no personal representative—for example, if the deceased person has no estate or died without a will—then the court will appoint someone to act as personal representative.
However, there are exceptions:
- The deceased person’s surviving spouse and/or children may bring the claim if the death was caused by a deadly weapon; and
- A child’s parents may join the lawsuit filed by the personal representative if the death was caused by a deadly weapon.
(Ky. Rev. Stat. §§ 411.130, 411.135, 411.150 (2021).)
If you have lost a loved one due to the negligence of another, call the top-rated Kentucky wrongful death attorneys at DRS Law today.