The Bluegrass State isn’t just known for whiskey, mint juleps, and the Kentucky Derby. The Commonwealth has another unfortunate claim to fame: Kentucky is 39th in the nation for vehicle accident fatality rates. This isn’t exactly a static topic anyone wants to brag about. When a catastrophic car accident causes a fatality, the victims’ loved ones are often eligible for recovering compensation.
Receiving a check isn’t going to bring your loved one back, but it can help with things like funeral expenses. However, Kentucky doesn’t let just anyone file a wrongful death claim. Some accidents resulting in a fatality may not even meet the necessary qualifications for filing a claim.
What is a Wrongful Death Claim?
If you lose a loved one in an accident caused by someone’s negligence, recklessness, or criminal actions, you may be able to file a claim to recover financial compensation. Your claim is against the at-fault driver’s insurance provider.
Sometimes, the claim turns into a wrongful death lawsuit and this is filed in civil court. Most wrongful death claims are settled out of court before turning into a lawsuit. However, if you can’t reach an agreement with the insurance provider or gross negligence caused the accident, you’ll probably move to file a lawsuit.
With a lawsuit, the judge or jury decides if you should receive compensation for your loss. The court is also responsible for handing out punitive damage awards that may be appropriate in cases involving gross negligence.
Gross negligence occurs when the at-fault party’s actions either willfully or recklessly take the life of another person. An example of gross negligence can be driving an 18-wheeler while intoxicated or deciding to race another driver on a busy street. Gross negligence often applies if an accident resulting in fatalities occurs in either scenario.
Your claim must also meet the Kentucky wrongful death statute guidelines. These are guidelines dictating when a wrongful death claim is applicable in an accident involving a fatality. Vehicle accidents aren’t the only ones that fall under the statute, which include:
- Bicyclist and pedestrian deaths
- Medical malpractice
- Dog attacks
- Fire
Some crime-related deaths can also be covered by the statute. To learn more about the types of accidents covered under the state’s wrongful death statute, it’s a good idea to talk to an experienced personal injury attorney.
Who’s Eligible to File a Wrongful Death Claim?
Sometimes it doesn’t matter how close you were to the deceased, it may not mean you can file a wrongful death claim. Kentucky, like most states, has strict rules governing who can bring a wrongful death claim.
The surviving spouse is eligible, along with the deceased children. If the deceased isn’t married and doesn’t have children, their parents or siblings can often file a wrongful death claim. If the deceased has named an estate executor or one is put in place by the court, this individual can file a claim on behalf of the estate.
Something to note is that only one family member can file a wrongful death claim. So, if the decedent’s spouse files a claim, their surviving child or parents can’t do the same.
Pay Attention to Kentucky’s Statute of Limitations
Your grief over the loss of a loved one can be debilitating. The last thing you want to think about is meeting with a wrongful death attorney. While it’s understandable you need time to grieve, the clock’s also ticking on the time you have to file a wrongful death claim.
The statute of limitations in Kentucky is one to two years from either the date of the accident or your loved one’s death. How can the dates vary? If your loved one doesn’t pass away immediately from their injuries, the statute of limitations doesn’t kick in. Even though you have one or possibly two years in Kentucky, it’s not necessarily the same in other states. You may only have a little longer to file a wrongful death claim.
The timeline may be even shorter if you’re filing a wrongful death claim against a government entity. Sometimes, you only have as little as six months to start the claim process.
Minors may be able to temporarily pause the statute until they turn 18. The statute can also be paused if you can’t find the at-fault party. You must serve the responsible party with a letter of intent for your claim to move forward. Sometimes this requirement can be waived by the court, but don’t count on it. Every wrongful death claim is unique and what applies to one may not work for yours.
Potential Recoverable Damages
Most wrongful death claims will include economic and non-economic damages, but remember every case differs. Your economic damages typically include things like medical expenses and funeral costs.
If the deceased is the primary earner in the family, economic damages can include a loss of financial support. You may also be able to list a loss of economic benefits like insurance and even your estimated inheritance.
Your wrongful death claim may even list non-economic damages like emotional distress and a loss of companionship. The surviving spouse may even be able to claim a loss of consortium. Working with an attorney can make listing and calculating your damages a little easier.
How Is Compensation Awarded?
After settling your wrongful death claim, it’s time to think about how the compensation is awarded. Every state is a little different, but if the claim is filed in Kentucky compensation is first dispersed to the surviving spouse.
If the deceased is survived by children and or grandchildren, compensation is divided. The spouse typically receives half and the rest goes to the children and grandchildren. If the spouse is also deceased, compensation is divided between the surviving children and grandchildren.
Don’t Go Through a Kentucky Wrongful Death Claim Alone
Trying to navigate a wrongful death claim can be complicated and you’re already dealing with your loss. Talk to a wrongful death attorney about your claim and let them handle the legal process so you can focus on recovering from your sudden loss.
