Serving Paducah, Murray, and throughout Western Kentucky
Losing a loved one due to someone else’s negligence or misconduct is one of life’s most painful experiences. The emotional impact is often compounded by unexpected financial burdens and uncertainty about what comes next.
The Kentucky wrongful death lawyers at Saladino & Schaaf, PLLC, a respected personal injury law firm with offices in Paducah and Murray, help families across Western Kentucky hold negligent parties accountable. With more than a century of combined legal experience, our attorneys have recovered substantial settlements and verdicts for families after serious and fatal accidents.
Our mission is to provide compassionate, results-driven legal representation that helps families find accountability, closure, and financial security.
What Is a Wrongful Death Case in Kentucky?
Under Kentucky law (KRS § 411.130), a wrongful death occurs when a person’s death is caused by the negligent, reckless, or intentional act of another. A wrongful death lawsuit is a civil action, separate from any criminal case that may also result.
To succeed in a wrongful death case, the estate must demonstrate that the at-fault party owed a duty of care to the deceased, that this duty was breached through negligent or wrongful conduct, and that the breach directly caused the death and the resulting damages.
Common causes of wrongful death include:
– Car, truck, or motorcycle accidents
– Drunk or drug-impaired driving
– Medical negligence or misdiagnosis
– Defective or dangerous products
– Workplace or construction accidents
– Unsafe property conditions
At Saladino & Schaaf, we can investigate each case thoroughly to identify liable parties, preserve evidence, and pursue full compensation on behalf of the family.
How Saladino & Schaaf Can Help
For over 40 years, Saladino & Schaaf has represented Kentucky families in wrongful death and serious injury cases. Our attorneys combine deep local knowledge with courtroom experience and a reputation for integrity in negotiations and at trial.
When you choose our firm, we can conduct a thorough investigation into the cause of death, work closely with accident reconstructionists and expert witnesses, handle all communication with insurance companies, identify liable parties and available insurance coverage, and prepare your case for trial if a fair settlement cannot be reached.
Our focus is on accountability and results. We handle the legal process so your family can focus on healing.
No Fee Unless We Win or Settle Your Case.
Call (270) 444-0406 or Click for a Free Consultation.
Who Can File a Wrongful Death Claim in Kentucky?
Only the personal representative of the deceased person’s estate – either the executor named in a will or an administrator appointed by the court – can file a wrongful death lawsuit in Kentucky.
Any recovery obtained through the claim is usually distributed to surviving family members according to KRS § 411.130(2):
– Surviving spouse (if no children)
– Surviving spouse and children (shared)
– Surviving children (if no spouse)
– Surviving parents (if no spouse or children)
– The estate (if no surviving family members)
If the fatal incident occurred at work or while performing job duties, Kentucky workers’ compensation laws may also come into play. Our attorneys evaluate every potential path to recovery and coordinate with the estate to ensure the claim is filed properly.
What Compensation Is Available in a Kentucky Wrongful Death Case?
A wrongful death claim seeks compensation for both economic and non-economic losses resulting from a loved one’s death. Depending on the facts of your case, recoverable damages relating to wrongful death, survivorship claims and/or loss of consortium claims may include:
Economic losses:
– Funeral and burial costs
– Medical expenses related to the final injury or illness
– Loss of income and benefits
Non-economic losses:
– Loss of companionship, care, and guidance
– Emotional suffering and mental anguish
– Loss of consortium for a surviving spouse (KRS § 411.133)
In cases involving reckless or intentional conduct, such as drunk driving or extreme indifference to safety, punitive damages may also be available to punish wrongdoing and deter future misconduct.
Our firm works with financial and economic experts to quantify both present and future losses, ensuring your family’s recovery reflects the true extent of what was taken from you.
Common Types of Wrongful Death Cases We Handle
The attorneys at Saladino & Schaaf have extensive experience representing families in a wide range of wrongful death claims, including:
– Motor vehicle accidents, such as car and truck collisions
– Drunk or distracted driving crashes
– Medical malpractice, including surgical errors and failure to diagnose
– Defective products and dangerous machinery
– Workplace or industrial accidents
– Premises liability, including fatal falls or negligent security
If your loved one’s death was caused by another person or company’s negligence, we are ready to stand up for your family’s rights.
Understanding Filing Deadlines in Kentucky
Kentucky law places a strict deadline on when a wrongful death claim can be filed. Missing this deadline can permanently prevent your family from recovering compensation.
Because the time limit can depend on factors such as how and when the estate’s representative is appointed, it is important to contact a wrongful death attorney as soon as possible. The attorneys at Saladino & Schaaf will review your situation, explain the relevant filing requirements, and make sure your case is handled promptly and correctly.
Why Families Across Western Kentucky Trust Saladino & Schaaf
– Decades of combined legal experience representing injury victims and families
– Local law firm with offices in Paducah and Murray
– Proven results, including millions recovered in verdicts and settlements
– Personal attention from experienced attorneys, not just case managers
– No fees unless we win your case
Our Credentials and Community Commitment
The attorneys at Saladino & Schaaf are active members of the Kentucky Bar Association, the McCracken County Bar Association and the Kentucky Justice Association. We have built our reputation on trust, compassion, and results, proudly serving Western Kentucky families for more than forty years.
Contact Our Kentucky Wrongful Death Lawyers
If you have lost a loved one due to someone else’s negligence, you don’t have to face the process alone. The attorneys at Saladino & Schaaf are here to help you pursue justice and financial recovery with care and professionalism.
Call (270) 444-0406 or contact us online for a free consultation. We represent clients in Paducah, Murray, and throughout Western Kentucky.
For more information about Kentucky law, visit the official Kentucky Revised Statutes on Wrongful Death (KRS § 411.130) or the Kentucky Court of Justice website.
Frequently Asked Questions
FAQs Table of Contents
- What is the first step in filing a wrongful death claim?
- What is the difference between a wrongful death claim and a survival action?
- How are damages calculated?
- Who decides how a wrongful death settlement is divided?
- Can a wrongful death claim proceed if the deceased was partly at fault?
- How long does a wrongful death lawsuit take?
- What if the responsible party has no insurance?
- How much does it cost to hire a wrongful death lawyer?
What is the first step in filing a wrongful death claim?
Even if it seems minor, calling the police is a smart move. The official report can be crucial for your insurance claim and can help clear up any disputes down the road. Plus, without that reort, proving fault or damages (especially if injuries show up later) can get tricky.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim seeks compensation for the losses suffered by the deceased person. A survival action, on the other hand, seeks damages the deceased could have recovered if they had lived—such as pain and suffering before death or medical expenses incurred prior to passing. Both claims are often be filed together.
How are damages calculated?
Damages are calculated based on both economic losses, such as medical bills and lost earnings, and non-economic losses, such as loss of companionship and emotional suffering. In some cases, expert economists or vocational specialists may be used to estimate future financial impact.
Who decides how a wrongful death settlement is divided?
Kentucky’s wrongful death statute (KRS § 411.130) often controls how funds are distributed among eligible family members. The court may review or approve the final distribution to ensure fairness and compliance with the statute.
Can a wrongful death claim proceed if the deceased was partly at fault?
Yes. Kentucky follows the doctrine of pure comparative negligence, allowing recovery even if the deceased shared some responsibility. The total compensation may be reduced based on the degree of fault.
How long does a wrongful death lawsuit take?
Timelines vary depending on case complexity, the number of defendants, and whether the case settles or goes to trial. Our attorneys keep families informed throughout the process and work to resolve cases efficiently.
What if the responsible party has no insurance?
There may still be ways to recover compensation, including uninsured motorist coverage, multiple at-fault parties, or direct claims against the responsible party’s assets.
How much does it cost to hire a wrongful death lawyer?
At Saladino & Schaaf, there are no upfront costs. We work on a contingency fee basis, meaning we only get paid if we successfully recover compensation for you.
Our Attorneys
Saladino & Schaaf, PLLC is dedicated to providing high quality, aggressive legal representation to victims of personal injury and wrongful death. Since 1984, this firm and its predecessors have had one goal in mind – to help the victims of personal injury put the pieces of their lives back together.
