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Who can collect after a successful wrongful death lawsuit?

April 2, 2019

The unexpected death of a beloved family member can tear at the strength of those who survive and must live on without their departed relative. In Kentucky, the law stipulates that certain individuals may benefit from the successful litigation of a wrongful death claim. This post will provide a general overview of just how an award of wrongful death damages may be distributed.

If the deceased party was married with children at the time off their death, the law states that half of the wrongful death award should go to the surviving spouse and the other half to the decedent’s children. When the deceased party died without kids, all of the wrongful death award should be given to their spouse.

In the event that the decedent is without a spouse but has children, their children should solely benefit from any claims made for the decedent’s wrongful death. If a decedent has no kids and no spouse, their parents may be the beneficiaries of any wrongful death awards that are issued. When no spouses, kids, or parents survive a wrongful death decedent then all of the damages awarded in their wrongful death case may pass into their estate.

Wrongful death damages can help grieving families put their lives back together after acts of negligence, recklessness, and criminal conduct rob them of people that they love. However, under Kentucky law only certain individuals may benefit from the damages awards that are issued in these cases. Further information about filing wrongful death claims and preparing for trials should be directed to personal injury attorneys who are familiar with readers’ legal needs.