Who Can File a Wrongful Death Claim?

A wrongful death claim is a lawsuit filed against the person, company, or other entity that caused the loss of life to the victim. The plaintiff in a wrongful death claim must be the personal representative of the deceased person, as appointed by the court. The plaintiff must prove the other party was negligent and fully and fairly document the losses suffered.

Consider who can file a wrongful death claim under Kentucky law. Then, find a trusted wrongful death lawyer in Lexington to help you navigate the claims process. Call us at (859) 268-4300 for a free case evaluation today.

How a Wrongful Death Claim Is Filed in Kentucky

Under KRS 411.130, Kentucky’s wrongful death statute, a personal representative must file the lawsuit. The personal representative distributes any damages recovered to qualifying relatives. The personal representative of the estate has the legal authority to seek counsel, sign all filings, exchange evidence as necessary, and resolve the claim.

If the deceased had a will, the named executor must still seek court appointment and qualify to serve as personal representative; being named in the will alone does not confer authority to file the wrongful death lawsuit. If there is no will, the probate court will appoint an administrator to act as the personal representative. Often, this is the surviving spouse, child, or parent of the deceased.

Call Our Lexington Wrongful Death Lawyers at (859) 268-4300

Call Us

Who Receives the Damages in a Wrongful Death Claim

The family of the deceased is typically entitled to the compensation recovered in a wrongful death lawsuit. This typically means the spouse and any children. If there is no spouse or child, the parents may receive compensation from the claim filed by the deceased’s court-appointed personal representative.

In situations where no spouse, child, or parent survives the victim, the compensation is paid directly to the deceased’s estate. The funds are distributed based on the will or whoever otherwise receives the estate, as deemed by the court.

These matters can become confusing. If you are unsure if you can seek a claim, set up a free consultation with a wrongful death attorney to discuss your case.

Why a Wrongful Death Lawsuit May Occur

While determining who can file a wrongful death claim matters, you also need to know when it can happen. Wrongful death claims typically must include some level of negligence. That means the person’s death is the result of an accident brought on by the defendant’s failure to meet their duty of care.

Demonstration of this often requires evidence that shows either negligence or that the death occurred during a wrongful act. Negligence-related claims include personal injury matters, such as car accidents, premises liability matters, and medical malpractice.

Also note that the personal representative may pursue a claim based on a wrongful act. This is any action that breaks the law in the state. That may include drunk or drugged driving, for example.

Seek the Guidance of a Lexington Wrongful Death Attorney

If your family believes another party caused the death of your loved one, seek the support of a wrongful death attorney in Kentucky. Discuss your case during a free consultation to determine if your Lexington wrongful death lawyer believes you have a case and claim. Contact our firm now.