After someone passes away due to the negligence of another person or company, such as a product manufacturer, the survivor can open a wrongful death claim. This allows them to seek damages for the loss, including lost companionship and funeral costs. Here’s a brief overview of how these cases work. 

A Quick Guide to Wrongful Death Claims

What is a wrongful death claim? 

Being able to file a wrongful death claim came about during the last century. By the 21st Century, every state had wrongful death laws.

These claims usually involve accidents, including car crashes, medical malpractice, and product liability cases. Government agencies, individuals, and businesses can be held liable for negligence or intentional actions. 

Who can file a claim?

In Kentucky, individual family members can’t file a claim. Rather, the individual representing the deceased person’s estate must open the case. However, the family members will often benefit directly if the claim is won. 

How are the damages calculated? 

Claimants can get compensation for specific wrongs that relate to the wrongful death. For example, they can receive damages for funeral bills, pain and suffering before the death, lost earnings from the deceased, medical bills prior to the death, and loss of consortium by a minor child or spouse. Loss of enjoyment of life isn’t a permitted damage according to Kentucky law. However, punitive damages are allowed if the other party acted intentionally; these are meant to punish the conduct that led to the death. 

Who can receive compensation if the case is successful? 

Kentucky law allows damages to go to the estate and surviving family members. For example, the money will go to the victim’s spouse if they had no children. If they had kids together, half will go to the spouse and the other half to the children. If the victim didn’t have a spouse or child, the funds will go to their parents. If they don’t have close family members, the money goes to the estate. 

If you’re looking to file a wrongful death claim, contact Danny E. Darnall, Attorney at Law. Serving Hardin County, Jefferson County, and the surrounding counties, this Kentucky-based lawyer has been working with clients since 1976. Attorney Darnall will provide strong representation and empathic support, answering your questions throughout the process. Call (270) 769-9179 to schedule a consultation, or head to their website to learn more about their legal services.