Legal Representation for Wrongful Death

Comprehensive Wrongful Death Attorney Services

When facing the tragic loss of a loved one due to negligence or intentional actions, Troutman Law Office is here to provide expert legal guidance and support. With over 40 years of experience in personal injury and auto accident law, the firm and Attorney Matt Troutman are dedicated to representing the injured party in wrongful death cases.

We understand the complexities of these civil legal actions and are committed to pursuing justice for the estate or family of the deceased. Call us today to discuss your case and learn how we can assist you.

Recognizing When to Contact a Wrongful Death Attorney

Losing a loved one is never easy, and it can be especially challenging when their death was caused by someone else's negligence or intentional actions. If you're uncertain about whether it's time to seek professional legal assistance, consider the following situations:

• Unexpected death due to medical malpractice
• Fatal car accidents caused by reckless driving
• Workplace incidents leading to fatal injuries
• Deaths resulting from defective products
• Intentional harm causing death
• Negligence in providing adequate safety measures

Contact Troutman Law Office to discuss your wrongful death case and receive the support you need during this difficult time.

Are You the Proper Party to File a Wrongful Death Claim on Behalf of a Lost Loved One?

The fist thing you have to determine when a loved one is killed through the negligence of another is whether you are the proper representative of the estate to prosecute an action for wrongful death. Obviously, the surviving spouse would be the proper party to represent the estate of the deceased spouse, but if the victim was not married, the determination of who should be the proper party to present the wrongful death claim becomes more complicated.

Call wrongful death lawyer Matt Troutman and he will help you determine if you are the proper party to bring this claim. Normally, the nearest living relative (not the person living closest to the deceased but the closest family relationship) is the proper party to represent the estate. Frequently there are several relatives with the same level of relationship to the deceased, and the proper representative may simply be the first one to file the probate papers requesting appointment as the administrator for the estate.

If you believe you are the proper administrator for the estate, then you need to act quickly.

Claims Must Be Filed by a Wrongful Dealth Lawyer Within One Year From Date of Death

In Kentucky, you have to file your wrongful death claim within one year from the date of death; therefore, it is important that you immediately call wrongful death lawyer, Matt Troutman directly and get your free case evaluation. Also, if there is more than one person who could possibly serve as the representative of the estate, it is important that you be the first one to file the proper paperwork with the probate court to establish yourself as the representative of the estate.

Again, it is important that you contact wrongful death lawyer Matt Troutman as soon as possible. Call him directly on his cell phone at (502) 351-0566.

What Damages Can You Claim in a Wrongful Death Action?

If someone loses their life due to the negligence of another, you would think the damages would be very high and the amount of claims extensive. However, when you look at Kentucky law, the damages that you can recover are more limited than you might think.

Medical Bills

You can claim medical expenses in a wrongful death claim, but normally the medical bills are not very high because the person died and not a lot of treatment can be offered to one who dies. Any money that you recover for medical bills will likely be used to repay insurance companies that have already paid the bills. Therefore, it is unlikely that you will pocket much money for medical expenses.

Pain and Suffering

Pain and suffering is normally the largest item of damage in a personal injury claim. In a wrongful death claim, it is frequently zero. In order to recover for pain and suffering, you must prove the decedent experienced pain and was aware of it. If your loved one was killed upon impact, there is likely no claim for pain and suffering.

If your loved one survived the accident scene but dies at the hospital, then a pain and suffering claim exists but it is not valuable because it did not last very long.

Lost Income

The primary element of damage allowed under the Kentucky wrongful death statute is lost income. If your loved one is relatively young at the time of death, this element of damage can be very large because you are entitled to the income they would have probably earned over their lifetime. There are life tables that will establish the probable lifetime of the decedent, and you can multiply those years by the income they were earning at the time of death.

In many cases, such as nursing home neglect cases, this claim is not significant because the deceased is elderly and did not have many years to live.

Spousal Loss of Consortium

Loss of consortium is a fancy way of saying loss of companionship. In most personal injury claims, this claim is meaningless. In a wrongful death case, this claim can be very valuable. The loss of companionship of a spouse for a significant period of time is devastating, and juries tend to compensate this claim generously.

A parent can also make a claim for loss of consortium in the death of a child. Grandparents and other relatives cannot make a claim for loss of consortium in Kentucky.

Punitive Damages

Punitive damages are an element of damage designed to punish the wrongdoer and discourage others from similar behavior. This claim is available in a wrongful death claim where a drunk or texting driver kills someone or in a nursing home neglect case where a patient is left unattended and dies as a result.

Frequently, insurance policies for at-fault parties will have an exclusion in the policy for punitive damages and that may make it difficult to collect the punitive damages awarded by a jury.

Who Receives Any Monies Collected by the Estate

The administrator for the estate is not necessarily the person to receive the money collected by the estate. The adminstrator is required to distribute the money according to Kentucky law and the law provides that the people most closely related to the deceased receive the monies collected. First would be the spouse, if living, and then the parents, if living and then the borthers and sisters if living and so on.

Advantages of Hiring a Professional Wrongful Death Attorney

Hiring a seasoned wrongful death attorney from Troutman Law Office offers numerous benefits. Our firm is dedicated to ensuring you receive the best possible legal representation and support:

• Speak directly to a lawyer, not a paralegal or secretary
• Emergency consultations available in the hospital or at home
• Zoom consultations for convenience
• Excellent ongoing communication
• Free consultations and case evaluations
• Fees contingent on the results of your case

Contact us today to understand how our expertise can benefit your wrongful death claim.

Why You Should Act Now

Taking prompt action in a wrongful death case can make a significant difference. Troutman Law Office is committed to providing immediate and effective assistance. Here's why you should reach out to us now:

• 24/7 answering service for urgent inquiries
• Locally owned with a deep understanding of the community
• Direct communication with an experienced attorney
• Determined to give clients every legal advantage
• Typically respond to call requests within an hour
• All calls returned within 24 hours

Contact us now to ensure your legal rights are protected without delay.

Contact Us

If you have experienced the wrongful death of a loved one, don't hesitate to reach out to Troutman Law Office. With offices in Louisville, KY and Lexington, KY, and licensed to practice in Kentucky and Ohio, we are ready to assist you. We'll discuss your case and find a way to help you navigate this challenging time with the legal support you deserve.