Wrongful Death Attorney in Lexington

Who Can File a Wrongful Death Claim in Kentucky?

When a tragic death occurs due to someone else's negligence or wrongful act, the immediate family often wonders who has the legal right to pursue a wrongful death claim. In Kentucky, the law specifically designates who can bring such an action to seek justice and compensation for the deceased and their surviving loved ones.

Unlike some states where family members directly file, Kentucky law dictates that a wrongful death claim must be brought by the personal representative (also known as the executor or administrator) of the deceased person's estate. This personal representative is often appointed in the deceased's will or by the probate court if there is no will.

While the personal representative files the lawsuit, the financial recovery from a successful wrongful death claim is distributed to specific beneficiaries as defined by Kentucky's wrongful death statute. These beneficiaries typically include:

• The surviving spouse and children of the deceased.
• The parents of the deceased, if there is no surviving spouse or children.
• The personal representative of the deceased's estate, if there are no surviving spouse, children, or parents, for the benefit of the deceased's estate.

Our Lexington wrongful death attorneys can help you understand this process, guide you through the necessary probate steps to appoint a personal representative if needed, and ensure that the claim is properly filed on behalf of all eligible beneficiaries.

How Do I Start a Wrongful Death Claim in Kentucky?

In Kentucky, a wrongful death claim must be initiated within two years of the date of death. If the decedent was dependent on the decedent at the time of the incident, the claim must be filed within two years of the date of the decedent's death. If the decedent was not dependent on the decedent at the time of the incident, the claim must be filed within two years of the date that the decedent would have become dependent on the decedent.

To start a wrongful death claim in Kentucky, you will need to file a complaint with the court. If the decedent was dependent on the decedent at the time of the incident, the claim must be filed within two years of the date of the decedent's death. If the decedent was not dependent on the decedent at the time of the incident, the claim must be filed within two years of the date that the decedent would have become dependent on the decedent.

Types of Damages Recoverable in a Kentucky Wrongful Death Claim

No amount of money can ever truly compensate for the profound loss of a loved one. However, a wrongful death claim aims to provide crucial financial relief and acknowledgment of the suffering caused by another's negligence. In Kentucky, families may be entitled to recover a range of damages, designed to address both the financial burdens and the emotional devastation that follow a wrongful death.

Our firm is dedicated to meticulously calculating and aggressively pursuing all available damages on your behalf, which may include:

Economic Damages: These are quantifiable financial losses resulting from the death:

• Funeral and Burial Expenses: Costs associated with the funeral, burial, cremation, and other related services.
• Medical Expenses: Any medical bills incurred for the deceased's final injury or illness leading to death, up to the time of passing.
• Lost Future Income and Earning Capacity: The income, wages, benefits (such as pensions, health insurance, etc.), and other financial contributions the deceased would have reasonably been expected to earn and provide to their family throughout their life.
• Loss of Household Services: The monetary value of services the deceased would have provided around the home, such as childcare, home maintenance, cooking, or other domestic contributions.

Non-Economic Damages: These are more subjective, intangible losses that represent the emotional and personal impact of the death:

• Loss of Love, Companionship, and Society (Loss of Consortium): The profound loss of the intimate relationship, affection, comfort, and support provided by the deceased to their surviving spouse, children, or sometimes parents.
• Loss of Parental Guidance, Instruction, and Nurturing: For children, this encompasses the irreplaceable loss of a parent's advice, moral training, education, and emotional support.
• Pain and Suffering of the Deceased (Survival Action): In certain cases, if the deceased endured conscious pain and suffering from the time of the injury until their death, damages may be sought for their suffering. This is often pursued through a "survival action" which is separate but related to a wrongful death claim.
• Grief and Mental Anguish of Surviving Family Members: While more challenging to quantify, Kentucky law allows for compensation for the mental and emotional distress suffered by certain surviving family members due to their loved one's death.

Punitive Damages (in select cases): In rare circumstances where the at-fault party's actions were particularly egregious, reckless, malicious, or demonstrated a wanton disregard for safety, Kentucky law may allow for the recovery of punitive damages. These damages are not intended to compensate for losses but rather to punish the wrongdoer and deter similar conduct in the future. Our attorneys can evaluate whether the specifics of your case warrant the pursuit of punitive damages.

Our Lexington wrongful death attorneys will conduct a thorough investigation, work with financial experts when necessary, and meticulously document every loss your family has endured to ensure you seek the full and fair compensation you deserve.

Get the justice your family deserves. Our Lexington wrongful death lawyer can help you understand your legal options in such a case. Contact us today to learn more.