Losing a loved one because of someone else’s negligence or wrongful actions can be deeply distressing. Amid grief, you may have questions about accountability and the legal steps that follow. How do you hold the responsible party accountable? Who gets the money in a wrongful death lawsuit? Let’s walk through this process together to provide some clarity.
Who Can File a Wrongful Death Lawsuit?
In Kentucky, wrongful death lawsuits have a specific process. When someone dies due to another person’s negligence, the case isn’t filed by the family directly. Instead, Kentucky law states that only the personal representative of the deceased person’s estate is permitted to file a wrongful death lawsuit.
The district court appoints this person to manage the deceased’s affairs. Often, the deceased person names their personal representative (also called an Executor/Executrix) in their will. If there’s no will, the court appoints someone, usually a close family member.
If you are unsure about your role in a potential wrongful death lawsuit, it’s best to speak with an attorney. They can help you understand your rights and options.
How to File a Wrongful Death Lawsuit in Kentucky
When someone you love dies because of another person’s negligence, the yearning for justice is strong. Taking legal action can help you seek that justice and address the financial impact of your loss. Here’s what’s generally involved in filing a wrongful death lawsuit in Kentucky:
- Finding negligence. The first step is looking at the evidence to see if it shows that the another person or company’s conduct was negligent, careless or reckless and whether that conduct caused the death. This involved gathering evidence like accident reports, medical records, video evidence and witness statements.
- Initiating the lawsuit. If negligent or worse conduct can be established, a legal complaint is filed. This document outlines the details of the case and the compensation being sought, such as medical expenses, funeral costs, lost income, pain and suffering, and loss of companionship.
- Legal proceedings. After the wrongful death lawsuit is filed, both sides share information and evidence, often leading to settlement discussions. If no agreement is reached, the case may proceed to trial, where a judge or jury will make decisions about the case.
Because every wrongful death claim has unique circumstances, seeking legal guidance is important. An experienced attorney can help you understand how to file a wrongful death lawsuit and protect your rights during this difficult time.
What Damages Can You Recover in a Wrongful Death Lawsuit?
While no amount of money can truly make up for the loss of a loved one, a wrongful death lawsuit can help ease some of the financial strain that often follows such a tragedy. Here in Kentucky, you may be able to recover compensation for a variety of losses, including:
- Medical bills—this includes hospital expenses, doctor visits, and other medical costs incurred before your loved one’s passing;
- Funeral costs—you can seek compensation for expenses related to funeral services and burial;
- Lost income—this allows you to recover the income your loved one would have earned had they lived;
- Loss of love and support—this acknowledges the invaluable companionship and support you’ve lost. It is technically separate from the wrongful death claim and belongs to the individual suffering the loss;
- Emotional distress—this aims to compensate for the pain, suffering, and emotional toll caused by the unexpected loss of your loved one; and
- Pain and suffering—Kentucky law allows this to be recovered, but only from the moment of injury onset through death;
- Punitive damages—in cases where the responsible party acted with gross negligence, recklessness or intentionally, you may be awarded punitive damages to punish their behavior further.
It’s essential to understand what types of compensation you may be entitled to in your specific situation. McCoy & Sparks, PLLC can help you determine what damages are recoverable in your wrongful death case and work towards securing the best possible outcome for you. We understand how to and will strive to maximize your families recovery.
How Are Wrongful Death Settlements Paid Out?
Settling a wrongful death case can provide financial relief during a painful time. But it’s also important to understand how those funds are distributed. If you’re wondering how are wrongful death settlements paid out in this state, here’s a general overview:
- Spouse without children—the spouse receives the entire settlement;
- Spouse and children—the settlement is divided equally between the spouse and all children;
- Children without a spouse—the settlement is divided equally among the children;
- Parents, if no spouse or children—if the deceased had no spouse or children, the settlement goes to their parents; and
- Estate distribution—if there is no surviving spouse, children, or parents, the settlement goes to the deceased’s estate and is distributed according to their will or state inheritance laws.
Remember that settlements may be reduced by attorney fees, funeral costs, and any outstanding debts owed by the deceased’s estate. McCoy & Sparks can help you understand how wrongful death settlements are paid out and ensure you receive the compensation you’re entitled to.
How Can a Wrongful Death Attorney Help You?
Handling legal matters while grieving can add to your emotional strain. A wrongful death attorney can manage the legal aspects of your case, allowing you to focus on your family. Here’s how McCoy & Sparks can assist:
- Investigating the circumstance—we will gather evidence to determine if negligence played a role in your loved one’s death;
- Protecting your rights—our team will protect your rights throughout your case and work to secure the best possible outcome for your family; and
- Providing guidance—we’ll answer your questions and explain the steps involved so you can make informed decisions.
You don’t have to handle this on your own. McCoy & Sparks is here to provide the support and legal counsel you need to move forward.
We Are Here to Guide You
Filing a wrongful death lawsuit can be an emotional and complicated journey, but you don’t have to do it alone. With over 80 years of combined legal experience, McCoy & Sparks has helped countless families across Kentucky seek justice and financial recovery after the loss of a loved one.If you have questions about who gets the money in a wrongful death lawsuit or how to file a wrongful death lawsuit, our attorneys are here to help. We handle a wide range of wrongful death cases, from car accidents and medical malpractice to nursing home abuse and product liability. And because we believe everyone deserves access to justice, you owe us nothing unless we win your case. Contact us today for a free consultation.