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When someone gets hurt in a preventable accident, they may seek damages from the liable party by filing a personal injury suit. Should their condition prove to be fatal, their family may pursue compensation by filing a wrongful death claim. If you lost a loved one at the hands of a reckless or negligent party, here’s what you should know about filing a claim in Kentucky. 

Who May File a Wrongful Death Suit?

In Kentucky, a wrongful death suit must be brought by the personal representative of the deceased’s estate. If the victim did not leave a will in which he or she named a personal representative, the court will assign someone to the role. Should the suit yield a payout, the estate will receive a portion of it for funeral and burial expenses. The remaining funds will be distributed according to the laws of intestate succession. As such, eligible beneficiaries might include the surviving spouse, children, or parents.

What Kinds of Damages Can Claimants Recover?

personal injuryFollowing someone’s preventable death, Kentucky allows the family to pursue compensation for lost income and benefits, as well as for any pain and suffering the deceased experienced prior to passing. Families can also recover medical expenses they incurred while treating the victim’s final injury or illness. And if the liable party’s conduct constituted intentional malice or gross negligence, they may seek a punitive award, too. Although most personal injury suits do not warrant punitive damages, there are scenarios in which they’re almost always awarded, like cases involving assault and battery or drunk driving.

It’s important to note that if more than one year passes after appointing the personal representative, your family may not be entitled to any compensation whatsoever. This is the typical statute of limitations for wrongful death suits in Kentucky, although there are some exceptions. 

 

The compassionate personal injury attorneys at Williams, Hall & Latherow, LLP understand just how devastating an unanticipated loss can be. If you think your family has grounds for a wrongful death claim, they can evaluate the situation to help you determine how to proceed. Founded in Ashland in 2000, they’re proud to counsel clients throughout Boyd County, KY. To request a consultation with a personal injury lawyer on their team, reach out on their website or call (606) 329-1919.

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