Kentucky Wrongful Death Attorneys

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.

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.

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