Losing a cherished family member is devastating, and when it happens due to someone else's negligence, it adds another layer of emotional and financial strain. Understanding how wrongful death settlements are paid out in Kentucky is crucial for families seeking justice and closure. At Mory & Colliersmith, PLLC, we're committed to shedding light on this complex process to ensure our clients receive the fair compensation they deserve while maximizing Google impressions to reach those in need across Kentucky.
Navigating Wrongful Death Damages
In Kentucky, wrongful death settlements aim to address various economic and noneconomic losses endured by surviving family members. These may include:
Funeral and burial expenses: Providing a dignified farewell for your loved one.
Medical bills: Covering expenses related to the final injury or illness.
Lost income: Compensating for the financial support the deceased would have provided.
Pain and suffering: Acknowledging the victim's hardship until their passing.
Emotional distress: Addressing the intangible toll on surviving family members.
Loss of consortium: Recognizing the loss of companionship, love, and care.
Punitive damages: Serving as a deterrent in cases of gross negligence or intentional harm.
At Mory & Colliersmith, PLLC, we understand the unique circumstances of each case and strive to secure comprehensive compensation tailored to our clients' needs.
Eligibility and Representation
In Kentucky, only the personal representative of the deceased's estate can file a wrongful death lawsuit. Exceptions exist for certain circumstances, such as deaths involving a deadly weapon or minors, where spouses, children, or parents may initiate legal action.
If no personal representative was appointed before the decedent's passing, the courts will appoint one, typically a family member or attorney. This representative files the claim on behalf of the estate, with any compensation obtained distributed among beneficiaries.
Distribution of Settlements
Upon reaching a settlement or obtaining a judgment award, the damages are distributed as follows:
Surviving spouse: Receives the entire amount, unless surviving children are present.
Surviving children: Share the award equally with the spouse or receive the full amount if no spouse survives.
Parents of the deceased: Receive the award if no surviving spouse or children exist.
Estate: Receives the award if no surviving spouse, children, or parents are present.
After settling outstanding debts, any remaining amount is distributed to beneficiaries according to the decedent's will or Kentucky's rules of intestate succession.
Seek Legal Guidance
Navigating wrongful death settlements in Kentucky can be overwhelming, but you don't have to face it alone. At Mory & Colliersmith, PLLC, our experienced attorneys are here to provide guidance and support throughout the process. If you've lost a loved one due to someone else's negligence, contact us today for a free consultation. Let us help you seek justice and closure during this challenging time.