Who Receives Compensation in a Wrongful Death Claim?
Under Kentucky law, those left behind by the loss of a loved one because of an accident can claim compensation for wrongful death. This type of claim is limited to the deceased’s immediate family, dependents and beneficiaries.
The spouse and other adults will typically get a check covering all the damages, and a minor’s funds will usually be set up in a trust payable to the child when he or she becomes an adult. Unlike other personal injury claims, a wrongful death claim is based on the loss of the family and not of the victim of the accident.
Who can Claim Compensation for a Wrongful Death?
Under Kentucky law, only certain people can make a legal claim for compensation against the person who wrongfully killed your loved one. These people have to be related somehow and meet other criteria. These are based partly on the blood or legal relationship and partly on the role those affected played in the life of the deceased. Those who can make a wrongful death claim are:
- The spouse married to the deceased at the time of death.
- The domestic partner of the deceased if domiciled at the time of death.
- The surviving children (minor and adult).
- A dependent minor living with the child at the time of death.
- If no spouse or children, those who would be able to inherit under Kentucky law may have a claim
The claim itself must be filed by a representative of the deceased, and the court will ultimately decide who gets what amount.
What types of Damages can be Claimed?
Each surviving member of the deceased has to claim their own damages. Some damages, like loss of financial support, can be claimed by more than one person. Other claims, like loss of consortium, can only be claimed by the spouse.
Some of the damages allowed under Kentucky wrongful death laws are:
- Outstanding Medical Bills from Victim’s Treatment
- Loss of Financial Support (present and future earnings)
- Loss of Benefits (pensions or medical coverage) Due to Death
- Value of Goods and Services
- Loss of Companionship
- Mental Pain and Anguish of Survivors
- Loss of Care and Nurturing
- Loss of Consortium (deceased’s spouse)
- Punitive Damages (If death was intentional or through gross negligence)
Contact a Louisville Wrongful Death Attorney
The loss of a loved one can be a traumatic event and cause untold grief and anguish. The last thing you should have to worry about is finances and money, but this is often an additional burden on the surviving family members.
A wrongful death claim can also be a complicated endeavor, and you need someone who is knowledgeable and experienced in these types of claims. The attorneys at Kaufman and Stigger, PLLC, have that knowledge and a combined 100 years’ experience in helping clients get the results they deserve. To discuss your case, call Kaufman & Stigger, PLLC today, at (800) 937-8443 or click here to contact them online.