Losing someone close unexpectedly brings overwhelming grief and financial burdens, especially when their passing results from another’s carelessness. We understand how difficult this time can be and want you to know you don’t have to face it alone. If your loved one’s death was caused by someone else’s actions, you might be eligible to pursue compensation under Kentucky’s wrongful death statute (KRS 411.130) to help ease your family’s hardships.
At The Fleck Firm, we support families in Leitchfield and nearby areas by handling claims with dedication and a clear focus on your needs. We work closely with you to gather the details necessary to build a strong case and aim for a fair resolution. Reach out today for a free consultation so we can start assisting you without delay and address your questions personally.
Losing a loved one is never just about loss; it also impacts your financial future. Whether the situation involves an accident, unsafe conditions, or other wrongful circumstances, our team offers guidance through every step, standing by your side at a difficult time. Let us help you seek the justice your family deserves. Explore more about wrongful death claims and how we can respond to your situation.
How to Determine Whether You Have a Wrongful Death Claim
Losing someone due to the carelessness or intentional acts of another is devastating. To bring a claim, certain conditions must be satisfied. First, the deceased must be a living person. Second, the death must have resulted from someone else’s negligence or harmful actions.
The financial impact on the family must be clear and direct, such as lost income or expenses like medical bills and funeral costs. Additionally, a court-appointed individual, often the executor of the decedent’s estate, must initiate the claim.
We look at key factors when evaluating a claim:
- Was there a legal duty owed to the deceased?
- Did the responsible party fail to uphold that duty?
- Did this failure cause the death?
- Have the survivors experienced monetary harm due to this loss?
Types of incidents that often lead to these claims include vehicle crashes, medical errors, unsafe work environments, criminal acts, and deaths during supervised activities.
It is important to remember that only those who were financially dependent on the decedent or are appointed legal representatives can file. Immediate family members, partners, and even some extended relatives might qualify.
Timeliness is critical. Claims must typically be submitted within two years of the death or within one year after the appointment of the personal representative, depending on state rules.
If you are unsure whether your situation meets the necessary conditions, we are here to assist. We help gather the evidence and build a strong case to pursue financial recovery for your family’s losses.
Seeking Justice for Your Loved One
Losing someone to an unexpected incident, such as a vehicle collision, can be overwhelming. Alongside the sorrow, families often face significant costs like medical bills and funeral expenses. These financial challenges add stress during an already difficult time.
We work diligently to identify who is responsible for the loss and advocate on your behalf. Our goal is to help recover compensation to ease some of the burdens your family endures. Cases may arise from situations such as:
- Car or motorcycle accidents
- Medical negligence (see AHRQ’s overview of medical errors)
- Unsafe working conditions (see OSHA worker rights and protections)
- Criminal acts
- Fatal incidents during supervised activities
To pursue a claim, certain conditions must exist: a human life was lost, another party’s failure or misconduct caused that loss, financial harm resulted to the survivors, and a court-appointed representative of the estate is involved. This representative often comes from immediate family or close financial dependents but can include extended relatives or others financially affected by the death.
Time is critical. Claims generally must be filed within two years of the date of passing or within one year after a probate representative is named. We are committed to guiding you through the legal steps, gathering necessary evidence, and advocating for your rightful compensation, all handled with sensitivity to your circumstances.
Common Events That Lead to Wrongful Death Claims
Wrongful death claims arise from situations where someone’s careless or intentional acts result in a preventable loss of life. We frequently see cases involving vehicle collisions, including cars and motorcycles, where reckless driving, distracted behavior, or impairment cause fatal accidents. These tragic incidents often leave families not only grieving but also facing significant financial challenges.
Another frequent cause is medical errors. Mistakes like incorrect diagnoses, surgical mistakes, or medication errors can result in the untimely passing of patients. When medical professionals fail to uphold the standard of care required, those affected may have grounds for legal action.
Work-related fatalities also make up a notable portion of wrongful death claims. Unsafe job sites, exposure to hazardous substances, and malfunctioning machinery can all lead to fatal injuries. Employers have a responsibility to maintain safe environments, and failure to do so can be held legally accountable.
Claims can also stem from product defects where faulty or dangerous items cause fatal injuries. For safety alerts and recall information tied to dangerous products, see CPSC recalls and product safety warnings. Additionally, incidents involving violent crimes or insufficient security measures in public or private spaces sometimes lead to wrongful death actions.
We understand that each situation is unique. Common triggers for claims include:
- Motor vehicle accidents
- Medical mistakes
- Unsafe workplaces
- Defective products
- Violent acts tied to inadequate security
We are committed to helping families gather evidence and present your case effectively to seek the compensation you deserve.
Who Is Eligible to File a Wrongful Death Lawsuit?
We understand that after losing a loved one due to another’s negligence, knowing who can pursue a wrongful death claim is crucial. In most cases, a designated representative, often appointed by the probate court, must initiate the lawsuit on behalf of the family.
Eligible individuals typically include immediate family members such as spouses, children, and parents. For example, a surviving spouse can seek compensation for the loss of financial support and companionship following a fatal car accident caused by a negligent driver. Children, whether biological or adopted, may also file claims, especially if they depended on the deceased emotionally or financially.
Other relatives like siblings, grandparents, and even more distant family members may be able to file if they relied on the deceased for financial support or companionship. A scenario could involve a grandparent who cared for a deceased grandchild or a sibling who shared a home and financial responsibilities.
Additionally, individuals who were financially dependent on the deceased, regardless of family ties, might be eligible to file. This can include life partners or others closely linked to the deceased through financial support.
The person filing the claim must act within statutory deadlines — typically within two years of the death or one year from their legal appointment. We work with families to make sure these criteria are met so that a claim can move forward promptly and effectively.
Time Limits for Filing a Wrongful Death Claim
In Kentucky, a wrongful death claim must be submitted within a strict deadline to preserve your rights. The estate’s appointed representative usually has two years from the date of death to file the claim.
If the personal representative is appointed after the death, the lawsuit must be filed within one year of that appointment. These time frames are critical and cannot be extended except under very limited circumstances.
Missing these deadlines often results in the court dismissing the case, regardless of its merits. For example, if a loved one dies due to a fatal traffic accident, waiting too long can mean losing the chance to seek financial recovery for funeral expenses and related losses.
The process begins when the probate court names a representative for the deceased’s estate. This individual, often a close family member, acts on behalf of surviving dependents who suffered economic harm from the loss.
We urge you to contact us promptly after a loved one’s passing caused by negligence. Acting quickly helps ensure all legal steps are completed within the allowed period.
| Filing Deadline | Description |
| 2 years | From the date of death |
| 1 year | From appointment of estate representative |
These limits safeguard accurate evidence and witness testimony, which can degrade over time. We are prepared to assist in ensuring your claim is filed correctly and on time.
Free Consultation
Contact us today for a free consultation to see how we can put our years of experience to work for you.
Take the First Step Toward Moving Forward
Losing someone close to you unexpectedly can leave a lasting impact. Beyond the emotional weight, there are medical bills, funeral expenses, and other financial challenges that add pressure during this difficult time. We understand how overwhelming this can be, and we are here to help carry that burden.
At The Fleck Firm, we focus on building a strong case for families who face these hardships due to another’s negligence. Whether it was a car accident or another unfortunate incident, our team works closely with you to gather the evidence needed to support your claim. This includes details like medical documentation, accident reports, witness statements, and financial records related to your loss.
We see firsthand how families struggle to move forward while coping with such tragedies. That’s why we encourage you to reach out early. Acting quickly is essential because there are legal deadlines for filing claims. Your loved one’s story deserves to be heard and your family deserves rightful compensation.
If you are unsure about your rights or how to proceed, contact us today. Together, we will make sure your family’s voice is represented and pursue the justice deserved. Let us stand with you as you face this challenging journey.
Call now for a free consultation, and take that pivotal step towards securing your family’s future.



