Skip to main content
Practice Areas

Wrongful Death

Losing a loved one unexpectedly is devastating. When someone else’s actions or negligence caused the loss, the grief is compounded by questions of accountability, financial uncertainty, and legal confusion. Families are often left managing funeral costs, unpaid medical bills, and the long-term emotional toll. In these moments, knowing what to do next is anything but clear.

A skilled wrongful death lawyer can guide you through this challenging process. Legal support not only helps clarify your rights but also allows you to pursue justice while protecting your family’s future. From filing claims to holding the at-fault party responsible, an attorney can shoulder the legal burden so you don’t have to.

We help families in Lexington and throughout Central Kentucky seek closure and fair compensation. At Todd & Todd, our decades of experience and client-focused approach allow us to prioritize clear communication and dedicated representation. You won’t feel rushed or overlooked. We take the time to walk you through every step and pursue results with care and purpose.

What Qualifies as Wrongful Death in Kentucky?

Under Kentucky law, a wrongful death occurs when a person dies due to the wrongful act, neglect, or default of another. The purpose of a wrongful death claim is to compensate the surviving family members and estate for the loss.

Common scenarios that lead to wrongful death claims include:

  • Motor vehicle accidents caused by negligence
  • Fatal workplace incidents
  • Medical malpractice
  • Defective products
  • Criminal acts involving violence or recklessness

A personal representative, usually named in the decedent’s will or appointed by the court, files the lawsuit on behalf of the estate. Damages are distributed to family members based on their relationship to the deceased and other factors outlined in Kentucky law.

Compensation Available in Wrongful Death Claims

No amount of money can replace a loved one, but compensation can help ease financial burdens and recognize the emotional toll. A wrongful death attorney can help you identify and pursue all damages available under Kentucky law. Families may be entitled to several forms of compensation, including:

  • Funeral and burial expenses
  • Medical costs related to the final injury or illness
  • Loss of future earnings and benefits
  • Loss of companionship, guidance, and support
  • Pain and suffering (if the decedent experienced any before death)

Punitive damages may also be awarded in cases involving gross negligence or intentional harm. These damages serve to punish the wrongdoer and deter similar conduct in the future.

We work closely with financial experts, medical professionals, and investigators to ensure your claim accurately reflects the loss and its impact on your family.

Why Timing Matters in Wrongful Death Cases

Kentucky imposes a strict deadline on filing wrongful death claims. In most cases, the statute of limitations is one year from the date the personal representative is appointed, though certain circumstances may affect the timeline. If you miss this window, your right to compensation may be permanently lost. A wrongful death lawyer can help you understand how these deadlines apply and ensure your case is filed on time.

In addition to legal deadlines, the preservation of evidence is crucial. The longer you wait, the more difficult it becomes to gather reliable witness statements, obtain records, or reconstruct events accurately.

We encourage families to reach out as soon as they are ready. We are here to help with the legal process and allow you to focus on healing.

What to Expect When You Work With Our Firm

Handling a wrongful death claim while grieving is never easy. Working with a knowledgeable wrongful death attorney ensures that every step of the legal process is handled with care and precision. At Todd & Todd, we approach each case with professionalism, sensitivity, and transparency. When you work with us, you can expect:

  • A direct line of communication with our legal team
  • Clear explanations of your rights and options
  • A thorough investigation into the cause of death
  • Strategic negotiation with insurers and opposing counsel
  • Preparedness to go to court when necessary

Our goal is to honor your loved one’s memory by holding the responsible party accountable and securing the resources your family needs for the future.

Who Can File and Benefit from a Wrongful Death Claim?

In Kentucky, the wrongful death claim is filed by the personal representative of the deceased’s estate. However, the distribution of damages may go to the following beneficiaries:

  • Surviving spouse
  • Children
  • Parents (if there is no spouse or child)
  • Other dependent family members in limited circumstances

We can assist with both the estate administration process and the wrongful death claim to ensure the legal responsibilities are handled thoroughly and without unnecessary delays.

For more information on how we support Kentucky families, visit our services or view our recent results.

Frequently Asked Questions

How do I know if I have a wrongful death case?

If your loved one died due to someone else’s negligence or misconduct, you may have a wrongful death case. We can review the facts and advise you on next steps during a free consultation.

Is there a difference between a civil and criminal case?

Yes. A wrongful death lawsuit is a civil case focused on financial compensation, regardless of whether the at-fault party is criminally charged. Both types of cases can proceed separately.

How long does a wrongful death lawsuit take?

It depends on the complexity of the case and whether a settlement is reached or a trial is necessary. Some cases resolve in a few months, while others may take over a year.

Will I need to testify in court?

Not necessarily. Many wrongful death cases settle outside of court. If your case does go to trial, we will prepare you thoroughly and guide you through the process with care.

Let Us Help You Pursue Justice

No one is ever fully prepared to lose a loved one suddenly. The emotional pain is compounded by the pressure to make legal and financial decisions during a time of mourning.

At Todd & Todd, we bring both compassion and experience to every wrongful death case. Our team serves families across Lexington and Central Kentucky with the guidance and attention they deserve. We don’t rush cases or treat clients like file numbers. We treat your loss with the seriousness and respect it demands.

Reach out to us when you’re ready to take the next step. You can also visit our firm overview to learn more about how we support families during some of the most challenging moments of their lives. We’re here to provide steady guidance and legal clarity when it matters most.

Book A Call With Us
What Our Clients Say

Todd and Todd Law Firm has gone above and beyond for my case. Tommy is always on top of things, makes sure to answer all questions in-depth, and goes the extra mile. There is no other attorney I would want to use for my case when it involves my family.

Beth Roth

Tommy Todd has handled cases for me over many years. He is upfront and trustworthy, friendly and knowledgeable. The only attorney I trust with the cases I have had. Highly recommended.

Tracey Huff

Tommy has been my lawyer for over a decade. He’s fantastic and has never lost a case for me. He also listens to and cares about all of his clients. He’s always well prepared for every case and always on time. I don’t trust anyone else to handle my affairs. He’s well worth the money.

Danielle Cantrell

Working with Todd & Todd has been nothing short of amazing! Absolutely outstanding team—professional, knowledgeable, and genuinely cared about my me. Their communication was clear and consistent, and they fought hard for me to get the best possible outcome. I highly recommend them to anyone.

Janessa Koelliker
Todd & Todd, PLLC icon
contact us

Set Up a Consultation

"*" indicates required fields