"When people have been injured, they need someone to get to work for them and that's what we do."
– Attorney Brad Freeman

The legal professionals of Freeman, Childers & Howard

Kentucky wrongful death

On Behalf of | Sep 26, 2022 | Wrongful Death

The death of a loved one due to someone else’s negligence can be one of the most excruciating moments in a family’s life, and no amount of money can make up for that loss. However, Kentucky allows for financial compensation to help provide for the future of the family of the decedent.

What is a wrongful death lawsuit?

A wrongful death claim is a civil lawsuit, separate from any criminal charges which may or may not apply to your situation. In these cases, you may be entitled to an award by the court that covers your financial and emotional damages.

Usually, these are meant to cover:

  • End-of-life expenses
  • Loss of financial support
  • Compensation for your pain and suffering
  • Economic damages for the loss of parental presence
  • Loss of companionship

These and other expenses can make life even more difficult. Having them covered can ease the stress you may be feeling.

Punitive damages

If the court decides that your loved one’s death was caused by an intentional act, you may qualify for punitive damages, which is an additional legal mechanism in place for the purpose of punishing the conduct that resulted in his or her death.

Punitive damages can help prevent these types of untimely deaths by serving as an example. Kentucky does not place a limit on punitive damages.

Who can file a complaint for the wrongful death of a loved one?

The law limits who can file a wrongful death claim in Kentucky. To do so, you must be:

  • The surviving spouse
  • The surviving children
  • The surviving parents
  • The decedent’s estate

While it may be difficult to think about money while you are grieving the loss of your loved one, it could be beneficial to consult with an attorney as soon as possible to ensure that you are protected. Remember that your loved one cannot seek justice for their untimely death, but, in many instances, you can.