How to Divide a Wrongful Death Settlement

To settle a wrongful death lawsuit in Kentucky, the personal representative of the deceased’s estate must file a claim. Once there has been evidence presented through the discovery process that the deadly incident was caused by another person or party’s negligent actions, financial compensation may be awarded through the claim. This settlement, after deducting expenses, will be distributed to the deceased’s kindred (surviving family members), according to Kentucky law, with surviving spouses and children receiving priority.

This page will provide a more detailed explanation of wrongful death and how settlements are divided across the family members.

1) Filing the Claim:

In Kentucky, the personal representative of the deceased’s estate must prosecute a wrongful death action. This individual is often named in the deceased’s will or is appointed by the court if there is no will. The personal representative will act on behalf of the surviving family members and hold responsibility for ensuring the legal process is handled correctly.

Statute of Limitations:

A wrongful death action in Kentucky must usually be filed within one year of the decedent’s death. The timing is critical in a civil lawsuit, especially one involving wrongful death. There are certain circumstances that can affect the timeline. For instance, if there is no personal representative and the court must appoint one, then the one-year timeframe will typically start from the appointment date. If you miss the deadline for filing within the statute of limitations, you could lose the right to seek compensation. Morrin Law recommends contacting us to represent your case so we can make sure all evidence is collected, and the claim is filed well within the statute of limitations.

2) Establishing Liability:

To successfully pursue a wrongful death claim, the plaintiff must establish that the other person or party acted in a negligent or wrongful manner that directly caused the death. There are four main elements in establishing liability:

1. Negligent or Reckless Act;
2. Duty of Care;
3. Breach of Duty; and
4. Causation

Negligence or Wrongful Act:

A wrongful death claim must be based on a specific act of negligence or misconduct that has led to a fatal incident. This can include a multitude of things, such as a motor vehicle wreck, medical malpractice, workplace accidents, or defective products.

Duty of Care:

The plaintiff must be able to demonstrate that the defendant owed a duty of care towards the deceased. That means that the defendant had a legal obligation to act reasonably to prevent harm. For example:

• A driver must legally abide by traffic laws and avoid reckless driving on the road;
• A doctor must provide treatment that meets accepted medical standards; and
• A company must maintain a safe environment for its workers.

An attorney well-versed in wrongful death claims can assist the personal representative with demonstrative the duty of care the defendant had in the deadly incident.

Breach of Duty:

Once the duty of care is established, the plaintiff must prove the defendant failed to uphold this duty. This is referred to as a breach of duty. Examples include the following:

• A distracted driver runs a red light and causes a fatal crash;
• A doctor misdiagnoses a condition due to negligence; and
• A CEO of a company fails to provide a safe work environment which leads to fatal injuries while on the job.

Causation:

Finally, there must be an established direct link between the breach of duty and the death. The defendant’s actions must be shown to be the primary cause of the fatal incident. It cannot just be a contributing factor.

A wrongful death attorney with Morrin Law can help establish all four elements of liability to be awarded financial compensation for the claim. Once the settlement is agreed upon, the amount is divided among surviving family members. However, Kentucky has specific laws that indicate who can receive a wrongful death settlement.

Kentucky’s Legal Statute on Dividing a Wrongful Death Settlement

In the state of Kentucky, certain rules must be followed when it comes to civil cases such as wrongful death. If a wrongful death lawsuit wins any financial compensation, the recovery shall benefit and go to the kindred of the deceased in the following order, under KRS 411.130:

• The deceased leaves a widow or husband but no children – The entire settlement goes to the surviving spouse.
• The deceased leaves a widow or husband and children – The settlement is split between the surviving spouse and child or children.
• The deceased leaves a child or children but no spouse – The entire settlement goes to the surviving child or is split between the surviving children.
• The deceased leaves no spouse or children – The entire settlement goes to the surviving parent or parents.
• The deceased leaves no spouse, children, or parents – The entire settlement shall become a part of the personal estate of the deceased, and after the payment of their debt (if any), shall get passed to the surviving family more remote than those mentioned above.

How a Kentucky Attorney Can Help Maximize and Organize the Settlement

It’s no secret that the legal world is full of complexities. Given the nature of wrongful death cases and the need for a personal representative, surviving family members may feel stressed or out of the loop. However, hiring a lawyer experienced in wrongful death cases can immensely help your claim. A wrongful death attorney can assist with collecting evidence during the discovery phase, discuss potential settlement offers with insurance companies, and represent your claim in court if necessary. When it comes time to divide the awarded compensation, the attorney can ensure that Kentucky law is abided and everything goes smoothly.

If you’ve recently lost a loved one due to the reckless actions of another person, you may be eligible for financial compensation through a wrongful death claim. Contact the office of Morrin Law today and receive a risk-free consultation by calling us at (859) 695-3631