What is a Wrongful Death Lawsuit in Northern Kentucky?

What is a Wrongful Death Lawsuit in Northern Kentucky?

Losing a loved one is a tragedy, but it becomes even more devastating when their death was caused by the negligence or misconduct of another person or company. A wrongful death lawsuit is a legal action that can be taken in Kentucky to seek justice and financial compensation on behalf of the deceased's family.

Here is an overview from Kloeker Law on how these cases work.

Understanding a Wrongful Death Claim

A wrongful death claim is a type of personal injury lawsuit brought on behalf of the deceased. It can be pursued when a person's death is caused by someone else's intentional act or negligence, such as:

• A fatal car or truck accident.

• Medical malpractice.

• A dangerous product.

• A fatal workplace accident.

The purpose of a wrongful death lawsuit is not to prosecute a crime but to hold the at-fault party financially accountable for their actions.

Who Can File a Wrongful Death Lawsuit?

In Kentucky, only the personal representative of the deceased's estate has the legal right to file a wrongful death lawsuit. This individual is typically named in the deceased's will or appointed by the court. The money recovered from the lawsuit is then distributed to the deceased's surviving family members according to Kentucky law.

The Compensation You May Be Entitled To

While no amount of money can replace a loved one, a wrongful death lawsuit can help provide financial stability for the family and hold the responsible party accountable. Damages that can be recovered include:

• Medical and funeral expenses.

• Loss of the deceased's future income and benefits.

• Loss of companionship, care, and guidance.

• The value of household services the deceased would have provided.

• In some cases, punitive damages to punish the defendant for especially reckless or willful conduct.

Frequently Asked Questions (FAQs)

Q: What is the statute of limitations for a wrongful death claim in Kentucky? A: The statute of limitations is generally one year from the date of the person's death. However, some exceptions may apply, so it is crucial to consult with an attorney as soon as possible.

Q: Who receives the compensation? A: The recovered money is distributed to the deceased's heirs, which typically includes the surviving spouse and children, according to Kentucky law.

Q: What is the difference between wrongful death and a criminal case? A: A wrongful death lawsuit is a civil case aimed at financial recovery. A criminal case is brought by the state to punish the at-fault party with jail time or fines. The two are separate legal processes.