When someone dies because of another person’s actions or wrongful conduct, you may wonder if the law will pay for your grief. Kentucky wrongful-death law allows recovery for certain losses tied to the death. However, you generally cannot recover damages for personal grief or emotional distress alone.
What damages can you recover?
Kentucky law allows a wrongful-death claim to seek certain losses caused by the death. Depending on the circumstances, these may include:
- Medical and funeral expenses
- Lost earnings
- The value of services the deceased provided
- Other damages allowed under Kentucky law
Grief alone is generally not a separate category of damages in a wrongful-death claim. Kentucky courts have said that family members generally cannot get money for their own grief after a wrongful death.
Kentucky law provides certain claims based on the relationship between the deceased person and surviving family members. When a child who is a minor dies, for instance, the child’s parents may seek compensation for the loss of affection and companionship.
Who brings a wrongful-death claim?
The deceased person’s personal representative is responsible for filing the wrongful-death claim. Kentucky law also establishes how any recovery is distributed among eligible beneficiaries.
The surviving spouse and children generally have priority to receive the recovery. Parents may be eligible when the deceased leaves no surviving spouse or children, depending on the circumstances. The exact distribution can depend on the facts of the case.
What evidence supports a claim?
Evidence can help show the losses covered by Kentucky law. This may include medical bills, funeral costs, pay records and details about the income or work the person provided.
If you have a separate relationship-based claim, you may need additional evidence. For example, a parent seeking damages after the death of a minor child may need evidence showing the loss of affection and companionship.
What does Kentucky law allow?
Kentucky law generally does not compensate an adult relative for grief or emotional suffering alone. However, certain losses and relationship-based claims may allow recovery.
Knowing which claims apply to your situation can make a meaningful difference in what your family may be able to recover under Kentucky law.