If you have lost a loved one in an accident, you may be entitled to wrongful death benefits. While no amount of money can ever replace the loss of someone you love, the benefits from a wrongful death lawsuit with the help of Kentucky wrongful death lawyers can compensate you for financial and emotional losses, which can help ease your burdens as you attempt to move on. They can also bring a sense of justice in appropriate cases.
If you have questions or concerns and need help filing a wrongful death claim, our team is here to help. The Kentucky wrongful death attorneys at McCoy & Sparks have years of experience helping loved ones recover the benefits they need after suffering a loss. We have decades of experience helping clients with wrongful death cases. Let us help you during this trying time so you can move on as comfortably as possible.
What is Wrongful Death?
Under Kentucky law, a wrongful death is defined as “the death of a person that results from an injury inflicted by the negligence or wrongful act of another.”
In other words, if someone dies due to the fault of another party, certain family members or loved ones may be entitled to compensation through a wrongful death claim. This includes death resulting from a negligent driver, medical malpractice, or a negligent property owner.
Who Gets the Money in a Wrongful Death Lawsuit?
In Kentucky, only the personal representative of the deceased’s estate can file a wrongful death claim. However, the personal representative does not choose who receives compensation from the award. That is determined by Kentucky statutes. It is based upon the relationship or kinship with the deceased. If a personal representative was not previously appointed, the court will choose someone to act in that capacity. The statutes provide who is entitled to priority for the appointment.
How Are Wrongful Death Lawsuits Paid?
The “damages” that are paid in wrongful death lawsuits vary greatly depending on many factors. These include the age of the deceased, their income, whether and how much they suffered between the onset of the injury and death, as well as medical and funeral expenses.
One of the most important factors in determining the amount of recovery is the limitation of insurance or assets of the person that caused the death. Even if the damages are enormous, the recovery could be very small or nothing if there is no source from which to recover. If the death is caused solely by a person with no insurance and no assets, then a judgment against that person will likely not lead to any recovery. Finding a source that is capable of paying for the damage is often a very difficult part of recovering compensation for the loss in wrongful death cases.
In addition to those damages, there are also other claims that are related or derive from the wrongful death. These are known as loss of consortium, or the loss of love and affection caused by the death. Kentucky law has some strange nuances in this area. Generally speaking, a spouse has a claim for loss of consortium claim. A parent that loses a minor child has a loss of consortium claim, as does a minor child that loses a parent. But the law, as currently written, does not allow for loss of consortium damages for an adult child that loses a parent, or a parent who loses an adult child. It makes not sense, but unless/until it changes, this is the law.
As for who receives compensation for wrongful death (not loss of consortium), there is an order as specified by Kentucky law:
- Surviving spouse with no children = The spouse receives the entire award
- Surviving spouse and surviving children = The spouse and children divide the award equally
- Surviving children but no spouse = The children get the entire award
- No spouse or children = The surviving parent or parents get the entire award
- No spouse, children, or parents = The award goes to the estate
How Wrongful Death Lawyers Can Help
Losing a loved one is not easy, and wrongful death lawsuits can be challenging and overwhelming A wrongful death lawyer can take on this burden and handle most of the work for you. They can investigate the accident . They can gather the evidence needed to build a strong case. They can handle the paperwork and draft the legal pleadings. They can handle communications and negotiations with the other parties involved, such as the insurance company. And they can protect your rights and ensure you are awarded the full and fair settlement you deserve for your loss.
Trust McCoy & Sparks—Wrongful Death Lawyers in Central Kentucky
If you have lost a loved one due to another party’s negligent actions, you deserve to be compensated for your loss. At McCoy & Sparks, our team of Kentucky wrongful death lawyers fights hard for our clients to protect their rights. We understand how trying a time this may be and are here to help.
You owe us nothing unless we win your case. Call us at (844) 4KY-WINS for a risk-free consultation with one of our wrongful death lawyers today.