What Is A Wrongful Death Claim?
A wrongful death claim means that someone was killed as a result of someone else’s negligence. It doesn’t have to involve alcohol or crime. In the context of a car wreck it usually means that someone’s negligence resulted in a severe accident and someone died from that.
What Makes Kentucky Wrongful Death Law Unique?In Kentucky, the measure of damages for a wrongful death claim is called the destruction of the power to earn money. That is a fancy way of saying basically we can recover what that deceased person could have made over their lifetime.
Who Can File A Wrongful Death Suit In Kentucky?The wrongful death suit can actually only be brought by the decedent’s estate. In other words, usually what we do is we get people to the office and get an investigation going. We make sure that we can see what we can do in regard to proving liability on the part of that person. Once that’s started, once we get that evidence preserved then we will go down to the District Court and open an estate basically and that estate is what brings a wrongful death claim against the other party.
What Can I Recover From A Wrongful Death Lawsuit?The wrongful death statute in Kentucky lays out what you can recover and it starts with things that we expect which are the recovery of funeral expenses and everything. After that, it lays out who can actually recover. The gist of it is that any damages recovered will go to the widow, the decedent’s children and/or it will be split among them and if there is no widow or children to recover the proceeds then it goes back to the decedent’s parents.
What Is Loss Of Consortium?
Loss of consortium really refers to the fact; think of it as loss of affection or companionship. So you see most often, when it comes to the loss of a child, for example. That’s another claim that can be brought. In auto accidents, we don’t do it as much just because it just doesn’t open up another layer of insurance coverage. It’s what we call derivative of the wrongful death claim. So, in other words, if you recover the maximum from a wrongful death claim under an automobile insurance policy, the loss of consortium claim generally does not add to that recovery. It only simply is derivative of that first recovery.