The sudden and unexpected loss of a loved one in a catastrophic incident is an emotionally charged event. It triggers the need to handle final arrangements, which can be a costly undertaking.
For some, the desire to avenge their loved one’s death is a primary emotion. Filing a wrongful death lawsuit is an option that can allow the next of kin to do this in Kentucky, but there are some specific factors that govern this process.
Time limits apply
One of the first things you should know if you’re considering a wrongful death lawsuit is that you have one year to get this done. The state’s statute of limitations sets a time limit that starts at the date of the decedent’s death.
Criteria for filing
There are limits to who can file a wrongful death lawsuit. In order to file the claim, the decedent’s estate must have a personal representative or executor over it. That individual is the one who files the wrongful death claim, but that individual isn’t the one who’s going to receive the award or settlement for the case.
Distribution of award or settlement
Kentucky law sets specific guidelines for who will receive any award or settlement in a wrongful death claim. If the individual was married without children, their spouse receives the entire settlement or award. If they had children, it would be split, with 50% going to the spouse and the remainder split between children. If they didn’t have a spouse but had children, it is divided equally among all children.
If the person didn’t have children or a spouse, their parents will receive the entire award or settlement. If their parents aren’t alive and they don’t have children or a spouse, everything goes to the estate. At that point, it will follow any directives in the estate plan or be distributed according to the state’s intestate laws.
A wrongful death lawsuit can become complex, and it can be challenging to handle for someone dealing with the death of a loved one. Because of this, it’s likely beneficial to work with someone familiar with these matters.