What Damages Are Available in a Wrongful Death Claim in Kentucky?

A wrongful death claim allows the estate and family of a deceased person to pursue financial compensation, or damages, against the person, business, or other entity that caused the loss of their loved one’s life. The law requires the plaintiff to provide evidence of any losses suffered. Protect your rights as the surviving relative by consulting with a proven Lexington wrongful death attorney.

Types of Damages Recoverable in a Wrongful Death Claim in Kentucky

The personal representative may pursue wrongful-death damages and, when supported, a related survival claim for losses before death. The available categories may include:

• Funeral and burial expenses
• Destruction of the deceased’s power to earn money in the wrongful-death claim
• Medical costs leading up to the death through a survival claim
• Lost wages before death through a survival claim

These losses belong to different claims and must be documented separately. Administration and recovery costs, including attorney fees not recovered from the defendant, are deducted before wrongful-death proceeds are distributed under KRS 411.130. Certain relatives may also have separate consortium claims, depending on their relationship to the deceased, for losses such as:

• Loss of guidance
• Loss of care and support
• Loss of affection
• Loss of companionship

Your wrongful death attorney will follow the legal requirements for determining the value of the claim. It is very common for the victim’s family not to know what all of their losses are.

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

Call Us

How Damages Are Paid in a Wrongful Death Claim

Kentucky laws governing wrongful death actions set specific rules on who can file a claim and how compensation is paid. Generally, the court appoints a personal representative, sometimes called an administrator. This may be a person listed in the will, or the court will choose someone if there is no will. This is typically a close family member, such as a surviving spouse, child, or parent.

The representative files and manages the lawsuit with the guidance of their attorney. They act on behalf of the surviving family members and beneficiaries designated by the state’s laws.

• In cases where there is just a surviving spouse, with no children, the spouse receives the full award.
• If there is a spouse and a child, or more than one child, one-half of the award goes to the surviving spouse and the other half goes to the children as a group.
• If there is no surviving spouse but there are surviving children, the children receive the entire award, split evenly.
• If there is no surviving spouse or child, the decedent’s parents receive the entire award.

If none of these parties exist, the compensation goes to the estate. Probate laws and court rulings determine who receives the compensation in those situations.

Act Within the Statute of Limitations in Kentucky

If you have lost a loved one because of someone else’s negligence or wrongful conduct, seek legal advice promptly. Kentucky generally requires a wrongful-death lawsuit to be filed by the deceased person’s personal representative within one year after the representative qualifies. Under this general rule, the lawsuit must be filed no later than two years after the date of death, although exceptions may apply.

Seek the Guidance of a Lexington Wrongful Death Attorney

An experienced Lexington personal injury law firm provides guidance to those facing this devastating loss. Request a consultation to discuss the damages available in a wrongful death claim.