“Kindred” in Kentucky Wrongful Death Lawsuits Explained: Who is Entitled to Compensation in a Wrongful Death Lawsuit in Louisville?

When the unthinkable happens and you lose a loved one in a car accident in Louisville, many Louisville families suddenly face deep grief, confusion, and the urgent question of what their rights are under Kentucky laws. Louisville families may wonder how they can get justice against the negligent or otherwise at-fault driver that killed their loved one, and which family members are entitled to compensation for the imaginable loss. Kentucky wrongful death laws explain who may bring a wrongful death claim, how it must be prosecuted, and who is entitled to compensation once it is recovered. Understanding who “kindred” are under Kentucky wrongful death laws is essential if you intend to seek justice for your family.

Breaking Down Kentucky Wrongful Death Laws

Under Kentucky wrongful death laws, when a person’s death results from the injury inflicted by the negligence or wrongful act of another, an action may be brought for damages. The statute explicitly states that the action “shall be prosecuted by the personal representative of the deceased.” That means one person must step forward as the legal representative of the deceased’s estate in order to file the claim. The law further mandates that the amount recovered (after subtracting funeral expenses, administration costs, attorney fees and costs of recovery) shall “be for the benefit of and go to the kindred of the deceased in the following order.” As such, understanding who qualifies as “kindred” is critical.

The statute then lays out a clear hierarchy. First, if the deceased leaves a widow or husband and no children or descendants of children, the entire recovery goes to the spouse. If the deceased leaves a husband or wife and children, half goes to the spouse and half to the children. If there is no spouse but children remain, the children receive the entire amount. If there is no spouse or children, but the parents are alive, one-half goes to the mother and one-half to the father (or if one parent is deceased, the whole goes to the surviving parent). Finally, if no spouse, children, or parents are living, the recovery becomes part of the personal estate and passes to more remote kindred under the law of descent and distribution.

Getting Legal Help in Louisville: Louisville Car Accident Lawyer

If your family recently lost a loved one to an unexpected and fatal car accident in Louisville, seeking the guidance of an experienced Louisville wrongful death lawyer is important to recovering compensation due to you. An experienced Louisville wrongful death lawyer can help ensure the estate is properly opened, a personal representative is appointed, and the claim is filed correctly and within the statute of limitations. An experienced Louisville wrongful death lawyer can help you get just compensation due to you under Kentucky wrongful death laws.

If you lost a loved one to a fatal car accident in Louisville and believe the death resulted from someone else’s negligence, the truth is that you do not have to navigate a path to justice alone. The experienced Louisville wrongful death lawyers at the law firm Haney Law, PLLC are here to help Louisville families get justice for their unimaginable loss of a loved one to an unexpected car accident. Contact Haney Law, PLLC today and speak with a lawyer about your case now.

Source:

apps.legislature.ky.gov/law/statutes/statute.aspx?id=17769