The sudden and tragic death of a loved one can bring overwhelming emotions to the family members who are left to mourn. During this time, there may be an intense urge to seek revenge against the person who caused the incident.
The legal option that’s present for some people in these cases is filing a wrongful death lawsuit. In Kentucky, this must be done within one year of the death. With the short timeline in mind, it’s critical that anyone in this position understands a few basic facts about these claims.
Getting the claim moving
In Kentucky, the personal representative over the decedent’s estate is the one who will file the claim. The lawsuit will represent the interests of the immediate family members who have a legal claim to any award or settlement.
Before any amount is given to the proper parties, the funeral costs, estate administration expenses and attorney fees are paid. Once those are deducted, the remainder will be given out in a specific order that’s set by state law. This is the order in Kentucky:
- Spouse without any children: Entire amount
- Spouse with children: Half to spouse, with remaining half divided between children
- Children without a spouse: Entire amount is divided between children
- No children or spouse: Entire amount goes to decedent’s parents
- No children, spouse or parent: Estate receives the entire amount
Wrongful death lawsuits can be complex, so it’s beneficial for individuals who are facing this situation to have the assistance of someone familiar with these claims. That person may be able to effectively show every element that must be presented in these cases.