Who Can Sue For Wrongful Death In Kentucky?
Losing a loved one is an emotional experience; however, when that death is due to the negligent acts of another party, the devastating loss can almost be too much to bear. In your time of grief, you are not thinking about a wrongful death lawsuit because the only thing you can focus on is your loss. However, when the death of a loved one is the result of the conduct of another party, you may have the right to sue for wrongful death in Kentucky.
At Musselwhite Meinhart & Staples, PSC, our personal injury attorneys handle wrongful death lawsuits with compassion. We understand that a financial award will not bring back your loved one; however, gaining justice against the negligent party who caused your loved one’s death can help during the healing process. Wrongful death lawsuits also send a strong message to others that this type of negligent behavior will not be tolerated in Kentucky.
Can Any Family Member File a Wrongful Death Lawsuit
in Kentucky?
In a wrongful death lawsuit in Kentucky, the plaintiff is not the accident victim as it is in other personal injury lawsuits. The personal representative for the decedent’s estate is the person that must file the wrongful death lawsuit on behalf of the deceased’s eligible heirs. The actual heirs are not permitted to file a wrongful death lawsuit unless one of the heirs is named as the personal representative for the deceased. The personal representative has one year from the date of death to file a lawsuit; therefore, time is of the essence.
To recover damages in a wrongful death lawsuit, we must show that the death of the decedent was the result of a negligent or wrongful act committed by another person or party. In other words, the party responsible for your loved one’s death acted carelessly or recklessly without regard for the safety of others. Damages that are recoverable in a wrongful death lawsuit include, but are not limited to, funeral expenses, medical bills, and loss of future income and wages.
In some cases, if the at-fault party was grossly negligent or the act that caused the death was intentional, the court may award the family members punitive damages as “punishment” for the defendant’s grossly negligent or intentional actions and as a warning to others who may consider similar acts. Grossly negligent is generally defined as “willful, wanton, or reckless disregard for the safety of others.”
Contact an Experienced Kentucky Personal Injury Attorney
We’ve Helped Thousands of KY Families, we can help you!
The personal injury lawyers of Musselwhite Meinhart & Staples, PSC have over 50 years of combined legal experience assisting individuals in wrongful death cases. You can trust that you are receiving effective, efficient, and compassionate legal representation when you need it the most.
Our law firm represents clients throughout central Kentucky. Contact us at our Radcliff and Elizabethtown Office in Hardin County at (270) 351-6032 or toll-free at 1-800-754-HELP to schedule a free consultation. You may also contact our office through our convenient online contact form.