When a loved one dies due to the actions of another person, it is only natural for their family to seek justice through a wrongful death suit. Legally, these claims can only be filed when the death is the result of an injury caused by another’s negligence or wrongful actions. These claims must be filed by the deceased’s family members or the state, depending on whether a civil or criminal suit is being filed. Here is what you should know about these different cases.

Criminal Wrongful Death

Criminal wrongful death cases are filed by a local or state prosecutor, citing the violation of the law of the land that resulted in the victim’s death. These cases are not focused on providing compensation to the victim’s family.

Instead, punishment is administered with time in prison, fines, and other penalties based on the nature of the offense. 

Civil Wrongful Death

Civil wrongful death suits are filed by the victim’s family with the help of an attorney. Under Kentucky’s statute of limitations, these lawsuits must be filed within a year of the victim’s death. In a civil case, liability does not address concerns such as jail time, which are handled separately in the criminal trial. Civil cases are focused solely on monetary damages. 

In Kentucky, damages follow a set format for payouts. The damages first go to the estate as a whole to cover funeral expenses and the costs of filing a claim. After these costs have been addressed, family members receive the rest of the compensation. Surviving spouses and children must split the damages. If there is no spouse or children, the deceased’s parents or the estate may receive the compensation.

Whether you are dealing with the aftermath of medical malpractice or wrongful death, Danny E. Darnall, Attorney at Law can provide the representation and expertise to help you receive meaningful compensation. Serving Hardin County, KY, for over 40 years, this attorney brings passionate service and vast knowledge to ensure the best outcome for your case. To learn more about his practice areas or to schedule a consultation, visit him online or call (270) 769-9179.