McCoy & Sparks, PLLC

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Who receives compensation in a wrongful death lawsuit?

While all deaths are difficult on the family and friends of the person who passed away, sudden, unexpected deaths can be particularly devastating. One reason is because people have no time to prepare for the death and are facing life without the loved one suddenly. Also, many fatal accidents could have been prevented and the loved one should be living if it were not for the negligence of another person or entity. Losing a loved one in this manner creates many emotional problems as people no longer have the love and support of the loved one, but it can also create financial problems as well, especially if the loved one earned a significant amount of the income for the family.

The family of the victim could potentially receive compensation for their loss through a wrongful death lawsuit. However, since the actual victim of the negligence causing the death has passed away, the lawsuit must be started by the victim's personal representative and there are set rules on who will receive any compensation.

If the victim had a spouse and children, half of the compensation will go to the spouse and half will go to the children. If the victim just had a spouse then the spouse would receive all of the compensation. If there were just children, they would equally split all compensation. If the victim had no spouse or children, then it would go to the victim's parents. If there is no spouse, children or parents, it will go to the estate.

Many people in Kentucky die in fatal accidents each year. This leaves the family of the victim both grieving their loss and can potentially put them in a difficult financial situation. They may be able to receive compensation to ease the financial burdens though.

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