Losing a loved one is a devastating and traumatic experience, no matter the age of the victim or those left behind. At McCoy & Sparks, we understand how difficult it is to lose a loved one, especially when it is from an accident that could have been avoided. We can’t lessen your grief, but we can help you file a Kentucky wrongful death claim for financial compensation from the person or company that was at fault.
You should not have to suffer financially as well after experiencing the devastating blow of losing a loved one. Our law firm has handled many wrongful death lawsuits and is extremely familiar with and experienced in this type of lawsuit. Our Kentucky wrongful death lawyers have the skill, knowledge, and compassion to guide you through the process. In this blog, we discuss how age affects wrongful death claims, as well as outline some important points to remember regarding these tragic cases.
Damages You Can Expect to Recover
Losing a loved one is an extremely difficult and overwhelming time for the family of the deceased, and no amount of compensation can lessen the impact of such a tragedy. It’s important, however, to be aware of the damages you can expect to recover in a wrongful death case, which includes the following:
- Emergency room costs
- Medical expenses
- Funeral and burial costs
- Loss of wages
- Court costs
- Loss of companionship
- Pain and suffering
- Punitive damages
Who Receives the Damages?
Wrongful death cases can quickly become confusing, so it’s beneficial to know how the damages will be dispersed and in what order. The estate will receive compensation for funeral and burial expenses, with any additional compensation for the family being paid out in the following order:
- If the deceased leaves a spouse but no children, the money goes to the spouse.
- If the deceased leaves a widow or widower and children, half goes to the surviving spouse and half to the children.
- If there is no spouse, but there is a child or children, the entire amount is awarded to the child or children.
- If there is no remaining spouse or surviving children, the recovery goes to the mother and/or father of the deceased.
- If none of these scenarios exist, the recovery goes to the estate of the deceased.
How Does Age of the Victim Affect the Claim?
Age can have a complicated effect on wrongful death cases. Generally, the age of the victim will only affect a wrongful death case indirectly. However, the circumstances of the victim will certainly be taken into account by any wrongful death attorney.
The victim’s age might come into play regarding the settlement. For example, a family that loses a child due to another person’s negligence may receive a settlement worth millions of dollars, while the settlement could be worth far less if the decedent is a senior citizen.
When it comes to wrongful death cases, the largest payouts usually involve healthy, successful middle-aged individuals with multiple dependents. An experienced wrongful death attorney will always take into account the victim’s health, social status, and earning potential.
As an example, if a successful, well-off 40-year-old mother of five dies in an accident, her family could potentially receive a settlement of $5 million. However, had the mother been 35 or 50 years old, it probably would not have had much of an effect on the case.
While a victim’s age may certainly be an important consideration, there are other factors with a higher degree of importance.
Contact a Kentucky Wrongful Death Lawyer Today
At McCoy & Sparks, our Kentucky wrongful death attorneys have extensive experience with wrongful death cases. Our experienced legal team understands Kentucky law and car accident injuries and has a track record of success maximizing the recovery of damages for our clients. Our job is to fight for you. We’re here to help you get the compensation you deserve.
Contact McCoy & Sparks Attorneys at Law, your Central Kentucky personal injury lawyers, at 1-844-4KY-WINS or fill out our online form to set up a free consultation. Our offices are located at 212 W. Stephen Foster Ave. in Bardstown, Kentucky.