When your family learns that you’ve lost a cherished loved one, you may be struggling to mourn your loss. However, once you discover that their death was preventable or intentionally caused, you may be anxious to hold the liable party accountable to the fullest extent of the law.
A Florence wrongful death lawyer at Isaacs & Isaacs Personal Injury Lawyers can help you hold a liable party accountable. Contact our office for a free consultation and find out more about the wrongful death claims process in Florence.
How do Wrongful Death Claims Work in Florence?
In Florence, when someone else is responsible for causing the death of your loved one, you may have the right to financial compensation through a wrongful death lawsuit. It does not matter whether the defendant intentionally meant to cause the decedent stuff or caused their death accidentally.
Our Kentucky wrongful death attorneys will work to show how the defendant’s actions caused the death of your loved one. We can argue that had it not been for these actions, the deceased may still be alive today. However, before your family can move forward with a wrongful death lawsuit, there are specific laws in Kentucky that you need to be aware of.
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Statute of Limitations
When filing a wrongful death lawsuit, your claim must be filed before the statute of limitations expires. Under Ky. Rev. Stat. § 413.180, the statute of limitations for wrongful death claims can be particularly complex. This is because the details of your case will determine when the statute of limitations expires.
For example, if soon the decedent’s personal representative is appointed within one year of the decedent’s death, the statute of limitations will expire one year from the date on which the decedent’s personal representative has been appointed.
However, if the decedent’s personal representative is appointed more than one year after the decedent’s death, the statute of limitation will expire two years after the decedent’s death. Our Florence wrongful death team can streamline your case to comply with these deadlines.
The Right to File the Claim
You may be ready to move forward with your wrongful death claim, but do you have the authority to? Under Kentucky law, only the decedent’s personal representative has the authority to file a wrongful death lawsuit.
If the decedent did not have the opportunity or failed to appoint a personal representative, the courts have the authority to appoint one on their behalf. In the event that the decedent’s death was caused by a deadly weapon, the deceit and surviving spouse or children may have the authority to file a wrongful death claim.
However, if the decedent was a minor, the child’s legal guardian or parents may have the opportunity to join the wrongful death claim filed by the decedent’s personal representative.
How Damages Are Paid Out
You might have assumed that damages paid out in a wrongful death claim are provided solely to the deceiving surviving family members. However, this may not always be the case. In fact, Kentucky law specifically dictates how wrongful death damages are paid out.
For example, if the decedent had a surviving spouse but no surviving children, their surviving spouse would receive the entire amount of damages awarded. However, if the decedent had a surviving spouse and surviving children, damages awarded would be split among them equally.
If the decedent did not have any surviving children or a spouse, the decedent’s parents have the opportunity to collect the award. If the decedent had surviving children but no surviving spouse, the children alone would be entitled to the entirety of the damages paid out.
Finally, if the decedent did not have any of the previously mentioned surviving family members, the entire wrongful death award will go to the decedent’s estate. The personal representative of the decedent’s estate will then be expected to handle their financial affairs and pass any remaining damages onto the heirs.
Recoverable Damages
There are specific types of losses your family may be able to recover as part of your wrongful death claim in Florence. If you are the surviving spouse interested in obtaining compensation for a loss of consortium, you may need to file a separate claim.
Loss of consortium includes compensation for conjugal relationships, loss of services and assistance, loss of companionship in society, and other emotional losses. Your family may be able to recover a variety of damages in your wrongful death claim, including:
- Funeral and burial expenses
- The decedent’s medical expenses
- Loss of inheritance
- Lost wages and earning capacity
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Will the Liable Party Face Criminal Charges?
It will be up to the state’s prosecuting attorney to decide whether to charge the defendant criminally.
Even if the defendant faces criminal charges, you still have to go through the legal process of pursuing compensation. Through a claim or lawsuit, you can seek your own justice for the loss of your loved one, and our legal team serving Florence can help.
Get Help From a Wrongful Death Lawyer in Florence
If you are interested in learning more about how your family can get justice through the pursuit of a wrongful death claim, we are here to help. A Florence wrongful death lawyer at Isaacs & Isaacs Personal Injury Lawyers can handle your case from start to finish.
Get your no-cost, risk-free consultation when you fill out our convenient contact form or call our office. Call as soon as possible.
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