Danville Wrongful Death Attorney
Pursuing Accountability for the Preventable Loss of a Loved One
A wrongful death claim comes up when a person dies because of someone else’s negligence or wrongful act. Families often have questions right away, including who can take legal action, what the process looks like, and what kinds of compensation may be available.
Haydon Blackmon PLLC represents families in Danville, Junction City, and across Boyle County in wrongful death cases. Our role is to handle the legal steps carefully, protect your family’s position from the beginning, and pursue the full recovery Kentucky law allows.
You deserve answers and the chance to seek justice. Contact us online or call (502) 490-2214 to schedule a free consultation.
Who Can File a Wrongful Death Claim in Kentucky
Kentucky has a requirement that many families do not expect: wrongful death claims are usually filed by the personal representative of the deceased person’s estate, not by individual family members directly. This rule is set out under KRS 411.130.
The personal representative is typically:
- The executor named in the person’s will, or
- Someone appointed by the district court if there is no will.
If an estate has not been opened, that step may need to happen before a lawsuit can be filed. Haydon Blackmon PLLC helps families understand how that process works and what needs to be in place before the legal claim can move forward.
Why Timing Matters in Wrongful Death Cases
Wrongful death cases in Kentucky are time-sensitive. In many situations, the timeline to file is one year, though the way the deadline is calculated can depend on the facts of the case and when a personal representative is appointed. If the death occurred in a motor vehicle accident, a two-year deadline may apply.
Timing also matters because wrongful death cases often involve multiple related claims, including potential survival claims for what the person experienced before death, and separate loss of consortium claims in certain situations. Attorney Haydon-Blackmon can help clarify which claims apply and make sure deadlines are not missed.
How Haydon Blackmon PLLC Helps Families During a Wrongful Death Case
Wrongful death cases require careful handling because the legal process involves both investigation and procedure. Families are also often dealing with multiple insurers, multiple involved parties, and ongoing financial uncertainty.
Haydon Blackmon PLLC can help by:
Explaining Options Clearly
Families deserve practical answers, including whether the situation may qualify as a wrongful death case, what steps are required, and what the likely timeline looks like.
Investigating How the Death Occurred
Depending on the cause, this can involve crash reports, workplace records, facility documentation, medical records, witness statements, and expert review.
Managing Communications with Opposing Parties
Wrongful death cases often involve persistent outreach from insurance companies. We can handle those conversations and keep the case protected from avoidable mistakes.
Documenting Losses in a Way that Reflects the Full Impact
Wrongful death claims often involve long-term financial loss, household contributions, and the loss of guidance and support. These losses must be supported with documentation and careful economic analysis.
Preparing the Case for Negotiation or Court If Needed
These cases are frequently contested. Strong preparation improves the quality of negotiations and protects your family’s ability to pursue the case fully.
Receive Legal Support When You Need It Most
Taking legal action after a loss can feel like one more thing to manage. Haydon Blackmon PLLC keeps the first steps straightforward and accessible, so you can get clear information without added pressure.
- Free Consultation. You can speak with Attorney Haydon-Blackmon about what happened, whether a wrongful death claim may apply, and what the next legal steps would look like, at no cost.
- Contingency Fee Basis. Attorney’s fees are not paid upfront. We are paid only if we recover compensation for your family.
- Virtual Consultations. If travel is difficult due to work, distance, or family responsibilities, you can meet with us remotely and still receive the same guidance and case evaluation.
Wrongful Death Cases That May Support a Wrongful Death Claim in Kentucky
Wrongful death claims can arise from many types of negligence. In Danville, common scenarios include:
- Motor vehicle crashes, including distracted driving, impaired driving, speeding, and failure to yield
- Workplace accidents, including construction and equipment-related incidents, with possible third-party claims
- Medical errors, including delayed diagnosis, surgical mistakes, and medication errors
- Nursing home neglect or abuse, including fatal falls, dehydration, malnutrition, and untreated infections
- Premises liability incidents, including unsafe property conditions and negligent security
- Defective products, including automotive defects, dangerous consumer products, and defective medical devices
Haydon Blackmon PLLC evaluates the facts of the death and identifies the parties who may be responsible, including whether more than one entity may share liability.
Types of Damages That May Be Available
Damages in a wrongful death case depend on the facts. Kentucky law generally allows recovery for losses such as:
- Destruction of earning power and loss of financial support
- Lost household services and contributions
- Funeral and burial expenses
- Medical expenses and pain and suffering before death (through a survival claim)
- Punitive damages in cases involving willful conduct or gross negligence, under KRS 411.184
Talk with Attorney Haydon-Blackmon about holding the responsible party accountable. Contact us online or call (502) 490-2214 for a free consultation.
How Wrongful Death Compensation Works in Kentucky
Wrongful death compensation in Kentucky is governed by statute, including specific rules on who receives the recovery and how it is divided. Under KRS 411.130(2), the distribution follows a set order, and a will cannot change that structure.
In general:
- A surviving spouse may receive the entire award if there are no children
- If there is a spouse and children, the recovery is divided equally between them
- If there is no spouse, the children receive the recovery
- If there is no spouse or children, the parents may receive it
- If none of those relatives exist, the recovery may become part of the estate
This is one reason wrongful death cases require careful planning. The distribution rules are strict, and it is important that the case is handled properly from the start. We can help you understand your options with a free consultation.
