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Kentucky Wrongful Death Attorneys

wrongful death attorneys Kentucky

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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 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.

 

 

Over $500 Million
Recovered Since 1993

We've Helped Thousands of People Just Like You

We are known for getting life-changing results and fighting to make our communities safer.

SEE OUR RESULTS

$193 Million

Whistleblower Exposed
Massive Healthcare Fraud
By Endo Pharmaceuticals

Read More →

 

$6 Million

Confidential Settlement
Complex Plaintiff Litigation

$120 Million

Class Action Lawsuit
Against Unlicensed
Funeral Home Operator

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$6 Million

Permanent Injuries From
Defective Scissor Lift

$10.7 Million

Wrongful Death Lawsuit
Against River Park
Hospital

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$3.5 Million

Confidential Settlement
Legal Malpractice

$2.6 million

Permanent Heart-Valve
Damage From
Defective Drug

 

 

$2.4 million

Title IX Settlement
Civil Rights Case

Read More →

 

 

$2.4 million

Prison Death
Case in
Tennessee

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$2 million

Paducah Radiation
Landowners’
Litigation

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$2 million

Permanent Injuries
From Contaminated
Dietary Supplement

 

 

$2 million

Unnecessary Amputation
Medical Malpractice

 

Why Choose Us As Your  Attorneys?

With us on your side, you can focus on what’s most important – your recovery.

Decades Of Experience

Decades Of Experience

Our Nashville attorneys have over 75 years of combined practice handling cases involving personal injury, medical malpractice, civil rights, medical device lawsuits, wrongful death, and much more.

Excellent Reputation

Excellent Reputation

DRS Law is a well-respected law firm in Nashville and throughout the U.S. Founder, David Randolph Smith, has been selected as a Mid-South Super Lawyer, named one of the Top 100 attorneys in Tennessee in all fields of practice, and is included in the Best Lawyers in America guidebook.

Small Case Volume

Small Case Volume

Unlike many Nashville firms or lawyers that handle a large volume of cases, we concentrate our expertise on a select few cases. With this, our attorneys ensure that every step is taken to obtain the most favorable outcomes for our clients.

We Prepare For Trial

We Prepare For Trial

Every case is meticulously prepared for trial by our trial team and support staff in order to maximize the recovery for our client, whether by settlement or trial verdict. Our proven track record of success has resulted in multi-million-dollar settlements and judgments in a wide variety of individual and group cases.

What to Expect

Our Legal Services Are Completely Personalized To You And Your Unique Needs

01  Free Consultation

Our top-rated Tennessee personal injury lawyers provide free, no-pressure case evaluations. We will help you determine if you have a case and will answer all your questions in plain English. We never charge any fees until we win your case.

02  Personalized Service

If we take your case, it’s because we believe we can help you. We will get to work outlining a strategic plan of action. We want you to feel taken care of during this difficult time — whatever questions you have, we’re here with answers. Frequent check-ins ensure you are comfortable with the progress of your case.

03  You Get Paid

We are passionate about the success of your case and will give it the close attention and focus it deserves. We find solutions that other lawyers miss, discovering key facts that help you win. We call upon our gifts in storytelling to argue your case with passion and conviction so you get the compensation and justice you deserve.

What Our Clients Say

“The intellect combined with compassion of these people is incredible.”

I am very thankful to David, Lyon, Chris and all professionals who represent this firm. This team made an incredibly difficult situation end successfully. The intellect combined with compassion of these people is incredible. Our concerns were quickly and appropriately responded to, with knowledge and compassion. Law suits are very scary situations, but they never stopped communicating until I felt comfortable with the process. - K. Boland

“They were extremely thorough and caring through the entire experience.”

The DRS team was simply tremendous. They were extremely thorough and caring through the entire experience. I felt cared for the entire time. I will recommend them enthusiastically to anyone who ever needs legal help. - Dick K.

“Very professional and very hard working guys that I would suggest to anyone!”

Chris and the rest of the guys at the firm did an amazing job handling my case and making me feel like I was heard and important. Very professional and very hard working guys that I would suggest to anyone! - T. Sapp.

“They kept me in the loop every step of the way and made me feel like family.”

This is a wonderful law firm. They kept me in the loop every step of the way and made me feel like family. I would highly recommend! - David S.

“There are really no words to adequately describe how thankful we are.”

There are really no words to adequately describe how thankful we are for Lyon and the others at this law firm. The events that led us to reach out to your firm were one the worst times in our lives. My husband’s illness and long recovery were something that we were not sure we would ever come back from. Thanks to the hard work, knowledge and dedication that you guys have put forth on our behalf we have been awarded a settlement that will ensure we have a secure financial future. You guys are the best! - Lorrie H.

“The only attorney that would take our case.”

David Randolph Smith was the only attorney that would take our case. We were up against the US Government and Virginia’s state laws. Mr. Smith’s experience and expertise was the only reason we were able to get a settlement. He always answered our calls and kept us informed. Mr. and Mrs. Smith were very professional and nice. God sent this law firm to help us at a very sorrowful time. We were blessed for such a great law firm. If I ever need a lawyer, this firm would be first on my list. Thank you. — Vicky F.

“The end results gave me the justice and satisfaction I so desperately needed.”

Thru what was an absolute nightmare of an ordeal, I was finally blessed with the very best legal team a man could ever want or desire. I can’t even begin to express my overwhelming gratitude and sincere appreciation to my entire legal team. You are all of the very best at what you do, and the end results gave me the justice and satisfaction I so desperately needed. And it also gave me back my health and independence! On a scale to 1 and 10, I would give you give you a 12! God bless all of you from the bottom of my heart! - Darrell H.

“It made all the difference knowing that we were in competent hands.”

My wife and I couldn’t have had a better experience. The whole team was incredibly responsive, attentive, respectful, & friendly. Lyon took our case and you couldn’t ask for a better guy to have on your side. Not only was he super sharp and resourceful, but also the type of person that makes you feel like an old friend. Since we were seeking legal help for a very awful situation it made all the difference knowing that we were in competent hands the whole time. - Mark D.

“They always set realistic expectations and even surpassed them.”

It was a wonderful experience. Everyone we dealt with was attentive and responsive. They always set realistic expectations and even surpassed them. We are very happy we decided to use Smith and Associates. We highly recommend them. - Whitney G.