The loss of a close family member is always devastating, but your grief can be made worse by the knowledge that their death could have been avoided had it not been for the irresponsible or reckless conduct of another. In cases such as these, you may be able to get justice for your loved one by filing a civil lawsuit against the individual or entity that is directly or indirectly to blame for their death.
However, before you jump the gun and file a claim, there are certain wrongful death laws in Kentucky that you will need to know. Read on to learn more about these laws and how they could impact your fatal accident lawsuit.
As with most states, Kentucky doesn’t allow just anyone to file a wrongful death lawsuit. But what makes Kentucky unique from most other states is that the Kentucky probate court will decide who can file the claim. This is because the probate court is responsible for assigning a personal representative to handle the decedent’s estate.
This individual could be a surviving spouse, an adult child, the decedent’s parents, or anyone else the court finds to be a reasonable representative. Once probate court has appointed a representative, that party can file a wrongful death claim.
Keep in mind that the statute of limitations will expire one year after your loved one has passed away, so you will need to work quickly with your family and the probate court to determine who the representative of the decedent’s estate will be.
You should also know that there are very specific ways that compensation is handled in a Kentucky wrongful death lawsuit. Losses including funeral and burial expenses, medical costs, loss of companionship and love, loss of society and guidance, lost household services and support are all recoverable.
But it should be made clear that wrongful death damages are awarded starting with the estate. Burial and funeral costs, medical expenses, and other debts will be the first to be repaid, with the rest being provided to surviving family. If the decedent has a surviving spouse and children, they will split the remaining award equally between them.
In the event that the deceased did not have a spouse or children, compensation will go to the decedent’s parents. Finally, if the decedent’s parents are not alive or involved, the award will be held by the decedent’s estate. You should speak with your lawyer if you have questions about damages in a wrongful death claim or how the award is distributed among family members.
In your time of mourning, the last thing you should have to worry about is a challenging lawsuit. But when you have help with your claim from a Louisville wrongful death lawyer at Wilt & Klausing, PLLC, you’ll be able to grieve your loss while we fight for the compensation your family may be entitled to. Give our office a call at 502-253-9110 or visit our website to schedule your free consultation.
The legal team at Wilt and Associates, LLC , leverages the background that our attorneys and their staff have in defending doctors and insurers to benefit plaintiffs in medical malpractice and personal injury lawsuits. Wilt and Associates, LLC , represents clients across Kentucky, as well as select personal injury clients in Ohio. We will fight to earn you the settlement you deserve.... View full business profile here: Wilt and Associates, LLC
