Finding out a loved one has died is one of the toughest experiences to go through. On top of navigating the wave of grief, you suddenly are presented with a complex legal process of a wrongful death lawsuit. Losing a family member or partner to a negligent incident should be met with justice and financial compensation to help your family during this challenging period. However, it is understandably daunting to try and file a claim and talk to insurance adjusters on your own. This is where an experienced Kentucky wrongful death attorney can help.
Wrongful Death vs Personal Injury
While civil claims may seem similar, it is important to establish the difference between a personal injury claim and a wrongful death claim. In a personal injury case, the injured person or party is still alive and therefore able to seek their own compensation. In a wrongful death case, the victim of negligence has unfortunately died. That means any compensation awarded for the negligent incident must be filed and received by the family.
Additionally, the financial recovery in a personal injury case is meant to cover any expenses the victim experienced through their injury. This can include hospital bills, loss of income, lost benefits from missing work, etc. On the other hand, the financial recovery in a wrongful death case is intended to cover the expenses the surviving family has suffered through the deceased’s untimely death.
What Type of Compensation is Available in a Kentucky Wrongful Death Claim?
When a person is killed in a reckless or negligent act, their surviving family members can seek compensation through a wrongful death claim. However, the family must establish proof of financial damages resulting from the unforeseen death. Damages can include the following:
- Outstanding medical bills;
- Funeral and burial costs;
- Loss of financial support;
- Loss of benefits;
- Loss of consortium; and
- Mental pain and anguish.
In cases where the family can prove the death was caused by gross negligence or was an intentional act, they can also seek punitive damages.
Under KRS 411.130, loved ones have the right to collect damages from the party responsible for the negligent act or wrongdoing that killed their family member. The compensation awarded to the surviving family is based on the burden of loss of the deceased person. Damages are calculated from before death and those directly caused by the death. Determining factors of damages can include, but are not limited to:
- Medical bills;
- Funeral costs;
- Loss of income;
- Loss of benefits; and
- Pain and suffering.
Under circumstances of extreme gross negligence or intentional harm, there is the possibility of being awarded punitive damages. An example of gross negligence would be driving under the influence of drugs or alcohol.
Are you seeking punitive damages for the death of your family member? Contact the Kentucky wrongful death lawyers at Morrin Law.
Eligible Members for Damages in Wrongful Death Claim
The individual eligible for filing a lawsuit for the deceased person is called the executor, or personal representative. This is someone assigned to represent the deceased in legal matters following their untimely death. The only exceptions to the personal representative rule are:
- If the death was caused by a deadly weapon, then the surviving spouse or children can file the claim; or
- If the death involved a minor, their parents may join the personal representative in filing the lawsuit.
Distribution of Settlement in Kentucky Wrongful Death Cases
Once the case is settled, it’s time to distribute the awarded compensation. But who gets the money? This is often a stressful aspect of dealing with the death of a family member. Kentucky has laws to structure the way funds are distributed following a wrongful death suit.
The state of Kentucky will divide wrongful death settlements according to the following structure:
- The surviving spouse receives full settlement if there are no descendants or children;
- The surviving spouse and children split the settlement, with half to the spouse and the children splitting the other half;
- The surviving child or children receive the settlement if there is no surviving spouse or descendants;
- The descendants (parents) receive full settlement if there is no surviving spouse or children; or
- The deceased person’s estate will acquire the full settlement if there is no surviving spouse, children, or descendants.
The process and regulations surrounding financial distribution can be extremely stressful, especially if you go it alone. You can save yourself and your family the headache by hiring a wrongful death attorney to represent your case. Morrin Law offers free consultations to discuss the details of your case when you call (859) 358-0300.
Do Not Delay in Filing a Wrongful Death Claim
It is understandably stressful to consider civil matters following a death. However, it is important to be aware of the time constructs under Kentucky’s statute of limitations. This is the allotted time an individual is given to file a legal claim. Kentucky provides one year from the death, or from when the personal representative was appointed. There are of course exceptions to this rule, which an experienced wrongful death attorney can discuss with you at Morrin Law.
The repercussion of filing outside of the statute of limitations can lead to the entire case getting barred. That means losing out on financial compensation. If you have questions regarding the statute of limitations or how to proceed with your case, contact Morrin Law today.
Contact Morrin Law
This page lays out information to help you through the process of filing a wrongful death claim. However, one of the biggest benefits of hiring an attorney is the legal support and guidance throughout the entire process. The team at Morrin Law can negotiate with insurance companies and represent you in the courtroom if your case goes to trial. Our goal is to get your family the compensation you deserve. We understand how difficult losing a loved one is. Let us alleviate the stress and pain while fighting to secure you a fair settlement.
Contact the Kentucky wrongful death attorneys at Morrin Law Office today for a free case evaluation.
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