Kentucky wrongful death laws are in place to compensate the family members of people who have been killed in preventable accidents. These laws on how survivors can file a lawsuit are extremely specific. Therefore it’s important that parties involved are aware of the necessary steps.
Wrongful Death
The state of Kentucky defines wrongful death as any demise that results from an injury which was inflicted by negligence or the wrongful act of another.
Negligent behavior includes:
- unintentional recklessness; or
- intentional recklessness.
An injury that results in death could be inflicted by an individual person, group, or corporation. For example, the family of a person who died from a car accident could file a claim against the driver. Or the family of a person who died as the result of a defective item could file a claim against the company that manufactured it.
Eligibility for Wrongful Death Compensation
Only family members who were directly affected by the accident and the loss of their loved one can file a wrongful death claim on behalf of the deceased.
People eligible for filing the claim are the surviving:
- spouse;
- children;
- parents.
Damages in a Wrongful Death Suit
Claimants in wrongful death suits may only receive damages for specific wrongs they have suffered. These include:
- lost earning power;
- funeral expenses;
- pain and suffering;
- medical bills; and/or
- loss of consortium.
If the death was the result of an intentional action or extreme negligence, an award will be given as compensation in addition to possible punitive damages . A punitive damage is a monetary consequence the accused could owe the plaintiff for pain and suffering.
Statute of Limitations
The state of Kentucky allows a family to file a wrongful death suit up to 1 year after the person’s death or after an appointment of their estate’s personal representative. Under certain circumstances, the time limit may be adjusted. An attorney well-versed in wrongful death cases can help you determine whether your claim qualifies for the adjustment or not.
A Compassionate Wrongful Death Attorney
At Law Office of Pamela C. Bratcher, our attorney can offer you sympathetic guidance during your difficult time. We understand the emotional nature of a wrongful death case and will do everything in our power to seek the compensation you and your family deserves.
Call our firm today at (270) 783-8311 or contact us online for a complimentary consultation.