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What Does a Wrongful Death Lawsuit Payout Look Like?

What Does a Wrongful Death Lawsuit Payout Look Like?

When you lose a loved one due to someone else’s negligent actions, a law allows certain affected individuals to file a claim and collect compensation for their losses and suffering. These claims are known as wrongful death claims or wrongful death lawsuits.

However, while a person might be entitled to compensation through a wrongful death suit, these cases are often complex, and there is no guarantee that you will recover the full amount you deserve. How wrongful death lawsuits are paid out, for example, can be confusing. And if you don’t understand what you are owed or how you are supposed to be paid, you could be awarded less than you deserve.

For this reason, loved ones of deceased victims must consult with a wrongful death attorney when seeking to file these claims. A lawyer for wrongful death will be able to guide you through the process and ensure you are paid the full and fair settlement you deserve for all you have lost.

At McCoy & Sparks, our Kentucky wrongful death attorneys understand how difficult losing a loved one can be. We have years of experience handling these kinds of cases and know what it takes to help loved ones and family members get the full wrongful death settlements they need and deserve.

Who Can File a Kentucky Wrongful Death Lawsuit?

Not all loved ones or family members are entitled to a wrongful death lawsuit payout. The law only allows certain individuals to file these claims and collect compensation. Who is eligible can also vary from one state to another.

In Kentucky, the following parties are eligible to file wrongful death claims and recover settlement money:

  • The surviving spouse
  • The surviving domestic partner (if domiciled at the time of death)
  • The surviving children (including adopted children)
  • Surviving parents

The actual claim must be filed by the person appointed as the representative of the deceased’s estate. If none was previously appointed, someone will be chosen. From there, the court will decide who is eligible for compensation and who gets what amount.

How Does a Wrongful Death Lawsuit Payout Work?

Once the court has reached a verdict on the settlement, funeral costs, legal fees, medical expenses, and estate administration expenses will be paid out first. What is left of the remaining settlement will then be distributed based on the following scenarios:

  • If there is a surviving spouse with no children, the spouse will receive the entire award.
  • If there is a surviving spouse and children, half the money goes to the kids, and half goes to the spouse.
  • If there are surviving children but no spouse, the entire award will be split among the children.
  • If there are no children and no spouse, the settlement will be awarded to the surviving parent or parents of the deceased.
  • The money will go to the deceased’s estate if there are no parents, children, or spouse. It will then be used to pay off any remaining debts, and if there is anything left over, it can be distributed among other surviving family members.

What is an Average Wrongful Death Settlement Worth?

Wrongful death lawsuit payouts can vary greatly. There is no set amount for these kinds of settlements. Instead, various factors will be taken into consideration to determine how much the loved ones are owed.

Such factors that often play the biggest role in how much a wrongful death settlement is worth are the damages that the surviving family members suffered.

These damages can include the following:

  • Outstanding medical bills and expenses from the deceased victim’s treatments before they died
  • Lost income or financial support that the deceased would have provided
  • Loss of services that the deceased would have provided (childcare, household services, etc.)
  • Loss of companionship
  • Loss of parental guidance
  • Loss of care and nurturing
  • Emotional distress suffered as a result of losing the loved one
  • Loss of love
  • Funeral and burial costs
  • Legal fees

Once all of these potential damages have been calculated, the court will decide on a settlement and distribute the money. However, proving the above damages is not always easy. And this is where it’s essential to have a wrongful death attorney representing you.

Your lawyer can help you gather evidence and provide information to prove all that you or the other family members have suffered as a result of the loss. You will only be awarded the above-listed damages if you can prove that they are things you have suffered.

Trust McCoy & Sparks — Central Kentucky Wrongful Death Attorneys

If you have lost a loved one due to another party’s negligent actions, you deserve to be fairly compensated for your loss. At McCoy & Sparks, our team of Kentucky wrongful death attorneys understands how trying a time this may be, and we 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 attorneys today.