Wrongful Death Lawsuits in Louisville: Who Can Bring Them and Who Gets Compensation?
Losing a loved one because of another person’s negligence or wrongful conduct can leave Louisville families facing overwhelming emotional and financial hardship. In addition to grief and trauma, surviving family members are often left dealing with medical bills, funeral expenses, lost financial support, and uncertainty about their legal rights.
Under Kentucky laws, certain surviving family members may have the right to recover compensation through a wrongful death lawsuit. However, Kentucky wrongful death laws contain specific rules regarding who may bring the lawsuit and who may ultimately receive compensation.
To help families in Louisville better understand wrongful death claims under Kentucky laws, here we explain the basics of wrongful death lawsuits in Louisville and how a Louisville wrongful death lawyer can help Louisville families pursue justice.
Who Can Bring a Wrongful Death Lawsuit in Kentucky?
Under Kentucky Revised Statutes section 411.130, “[w]henever the death of a person results from an injury inflicted by the negligence or wrongful act of another, damages may be recovered for the death.”
However, Kentucky law also specifically provides that “[t]he action shall be prosecuted by the personal representative of the deceased.”
In simple terms, this means that the wrongful death lawsuit itself is typically filed by the personal representative of the deceased person’s estate. Wrongful death claims may arise from many different types of accidents and incidents in Louisville, including motor vehicle accidents, trucking accidents, motorcycle accidents, workplace accidents, medical negligence, and other fatal injury cases.
Who May Receive Compensation in a Kentucky Wrongful Death Case?
Kentucky laws also establish who may receive compensation recovered through a wrongful death lawsuit. Kentucky wrongful death laws set forth that if the deceased leaves “a widow or husband, and no children,” then the recovery generally goes to the surviving spouse. If the deceased leaves both a spouse and children, then “one-half (1/2)” may go to the spouse and the remaining portion may go to the children.
The statute also provides that if there is no surviving spouse or child, recovery may pass to surviving parents or other relatives depending on the circumstances. Because wrongful death cases often involve complicated family relationships and estate issues, disputes sometimes arise regarding who may recover compensation under Kentucky law.
How a Louisville Wrongful Death Lawyer Can Help Grieving Louisville Families
An experienced Louisville wrongful death lawyer can help Louisville families who have suffered the loss of a loved one investigate the fatal incident, preserve evidence, identify liable parties, handle insurance issues, and pursue compensation through a wrongful death lawsuit.
Wrongful death cases may quickly become emotionally and legally overwhelming for grieving Louisville families already dealing with loss and uncertainty. An experienced Louisville wrongful death lawyer can help Louisville families better understand their legal rights and navigate the claims process during an extremely difficult time.
Finding Legal Help with Wrongful Death Claims in Louisville
The experienced Louisville wrongful death lawyers at Haney Law, PLLC fight for Louisville families who lost loved ones because of negligence and wrongful conduct. If your family lost a loved one in Louisville and you need legal help pursuing a wrongful death claim, contact Haney Law, PLLC and speak with a lawyer about your rights, options, and next steps now.
Source:
apps.legislature.ky.gov/law/statutes/statute.aspx?id=17769