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Who Can Recover Compensation for Wrongful Death in Kentucky?

Published on Jan 14, 2021 at 7:50 pm in Wrongful Death.

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When your loved one has been in an accident as a result of someone else’s negligence and died from their injuries, you likely feel that they deserve justice for their wrongful death. You shouldn’t have to deal with the financial and emotional fallout of their death alone. But it’s important to first know if you’re eligible to file a wrongful death claim in your loved one’s name in Kentucky so you know if you can recover compensation.

With the help of a wrongful death lawyer from Golden Law Office, you’ll be able to confidently fight for justice for your loved one. We’ll help you get the compensation you deserve to pay for the necessary expenses and get back to your normal life.

Kentucky Wrongful Death Laws

When it comes to wrongful death in Kentucky, there is only one person who can file a claim on behalf of the deceased. The personal representative from the deceased’s estate is the only person who is allowed to bring on a claim against the negligent party who caused their death. However, even though they are the only person who can file a wrongful death claim on behalf of your family member, your family can still recover the compensation you deserve for the expenses you all suffered.

There are only specific people that Kentucky law designates as allowed to receive compensation, though. Those people to the deceased’s and their amount of compensation are:

  • A married spouse gets 100 percent of the winnings when the deceased had no children.
  • A married spouse gets half of the winnings when the deceased had children, and they get the other half of the winnings.
  • Children get the full winnings when the deceased was not married.
  • The mother, father, or both of the deceased get the winnings if they did not have a spouse or children.
  • The winnings become part of the deceased’s personal estate if they did not have a spouse, children, and if their parents have passed as well.

After your loved one dies from someone else’s negligence, it’s important to take legal action quickly. According to Kentucky law, the estate’s personal representative has only one year to file a wrongful death claim under the statute of limitations. This means that if they try to file a legal claim more than one year after your family member’s death, then the case will most likely be dismissed.

What Can You Receive Compensation For?

A wrongful death claim can help your family financially recover from your loved one’s death so you can focus on the emotional recovery that you will also have to face. An attorney will be able to calculate what you’re owed in compensation for all of the costs that you and your loved one incurred before their untimely death.

Here are some of the costs that you can be compensated for through a wrongful death claim:

  • Medical bills leading up to your loved one’s death
  • Pain and suffering leading up to your loved one’s death
  • Lost earning capacity of your loved one
  • Loss of consortium for a spouse or child
  • Funeral and burial expenses

Golden Law Office Can Help Your Family

This all may seem a bit complicated to navigate, which is why it’s most helpful to have an experienced wrongful death lawyer on your side. While a personal representative is the one bringing a claim forward for your loved one’s wrongful death, you still might need our help. We can guide you through the process and explain each step of the way to you so you fully understand what’s happening.

Our goal is to make you feel at ease with the legal process so you can focus on what really matters—grieving for your loved one. Reach out to our office today so we can discuss how we can help you through this difficult time.

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