What is a Wrongful Death Lawsuit?

A wrongful death claim is a legal matter that provides an option of financial compensation for the surviving family members and loved ones who suffered the loss of a person killed by another person or party’s reckless actions. A person selected by the deceased individual or by the court can file this type of lawsuit, and through established evidence, can seek a settlement offer to cover the economic and emotional damages caused by the death.

What Constitutes Wrongful Death in Kentucky?

In the Kentucky legal realm, wrongful death occurs when a person’s death is caused by an injury inflicted by another person, whether it be intentional or resulting from a negligent act.

Negligence refers to situations where someone’s carelessness or failure to act reasonably causes the deceased person’s death. A wrongful death incident may occur from a car accident, medical malpractice, or workplace incidents.

Who Can File a Wrongful Death Lawsuit?

One aspect of a wrongful death case that may confuse people is the person eligible to file the claim. Not everyone in the family or close to the deceased person can handle the legal matters involved in a civil case. In fact, only the personal representative can file a wrongful death claim. This is a person who is appointed by the estate (or the deceased person prior to their death). In cases where the individual did not have an established personal representative over their estate, the court can appoint one.

What is the Process of a Wrongful Death Case?

Civil matters must abide by certain rules and standards. This can differ from state to state. In Kentucky, a personal representative who is seeking to file a wrongful death claim will go through the following process:

1. Become eligible to file – The executor or administrator is usually the assigned personal representative who can file the claim;
2. Discovery process – Both sides will gather evidence from the incident to build their case. This can include images and videos from the site where the alleged wrongful death occurred, witness statements, police reports. The methods that may also be included in the discovery process can include expert testimony, medical records, and other documentation that provides evidence that the case is considered wrongful death;
3. Filing the lawsuit – The case typically begins in civil court, where the personal representative files a wrongful death lawsuit and issues a complaint that outlines the basis of the claim, such as the alleged neglect or intentional actions that caused the death;
4. Negotiations for Settlement – After all the evidence is collected and presented, there will be negotiations over settlement offers, if any. This can occur before going to court, or if necessary, in the courtroom.

One thing to keep in mind regarding civil cases is the statute of limitations. This is the period of time eligible to take legal action. For wrongful death claims in Kentucky, you typically have one year from the date of the death or the appointment of the personal representative.

With all the steps of a wrongful death claim, entrusting the case with a knowledgeable attorney can immensely help. By hiring a wrongful death lawyer with Morrin Law, we can assist you with collecting and presenting evidence, and negotiating to ensure the surviving family receives the financial compensation they deserve. If you have any questions about the process or statute of limitations, contact Morrin Law today for a free consultation.

What Damages Can Be Recovered in a Kentucky-Based Wrongful Death Lawsuit?

Damages refer to the monetary compensation that is awarded to the deceased person’s family for the harm and losses they have suffered due to the incident that caused their death. The types of damages that may be awarded in a wrongful death suit include the following:

• Economic Damages: Includes financial hardships caused by wrongful death like hospital bills, funeral and burial costs, loss of income, loss of benefits, and the loss of future earnings.
• Non-Economic Damages: Includes hardships that are not financial but still substantial, such as loss of companionship, loss of care, loss of assistance, and loss of guidance.
• Loss of Consortium: The spouse of the deceased person can seek damages for the loss of services, companionship, love, and assistance.
• Punitive Damages: In a wrongful death case where there is evidence of gross negligence or intentional misconduct, the family can seek punitive damages, which essentially punishes the defendant for the especially dangerous behavior—such as in a case of a deadly DUI crash.

How is Awarded Compensation Distributed in a Kentucky Wrongful Death Case?

When a wrongful death claim is successful, there is a specific way that awarded settlements are paid out. In the state of Kentucky, the correct distribution shall go to the kindred of the deceased in the following order, as per KRS 411.130:

• Surviving spouse but no children – The entire settlement is awarded to the surviving husband or wife of the deceased.
• Surviving spouse and children – The settlement is split between the surviving spouse and the surviving child(ren).
• No surviving spouse or children – The entire settlement is awarded to the surviving parent or parents of the deceased.
• No surviving spouse, children, or parents – The entire settlement becomes a part of the personal estate of the deceased, and after the payment of any debts, then the awarded compensation will go to the kindred more remote than those listed above, according to the law of descent and distribution.

If you or the personal representative have questions surrounding the distribution of a wrongful death settlement, contact an experienced Wrongful Death attorney in Kentucky today.

How to Prove a Wrongful Death Claim in Kentucky

To establish you have grounds to file a wrongful death claim and are entitled to win compensation for the negligent incident, the personal representative must prove the following elements:

1. Negligent or wrongful act: The personal representative must demonstrate that the defendant’s actions or lack of actions caused the deceased’s death;
2. Duty of Care: The attorney or personal representative must make it clear that the defendant owed a duty of care to the deceased person at the time of the incident, and that duty was breached.
3. Causation: The breach of duty created by the defendant was the direct cause of the deceased’s death.
4. Damages: The deceased’s death resulted in damages to their surviving family members.

When it comes to proving negligence and breach of duty in a civil case about wrongful death, having an experienced and knowledgeable attorney on your side is extremely beneficial. An attorney can help collect evidence, contact the witnesses and police who were at the scene of the incident, and help negotiate toward receiving awarded compensation. Contact the legal team at Morrin Law to represent your case today.

Contact Morrin Law Firm to Represent Your Wrongful Death Case

The office of Morrin Law has established lawyers who are experts when it comes to wrongful death claims. We understand how difficult this can be for the entire family. Our goal is to alleviate the pain while focusing on the financial security you deserve to move forward from this tragic, negligent act. Call our office today at (859) 358-0300 and receive a risk-free case evaluation.