In a law suit for wrongful death, plaintiffs recover damages for negligence or for the harmful act of another that caused their loved one’s death. As defined, wrongful death, is a negligent or harmful act by another person or company. Negligence occurs when another person (individual or entity) owes a duty of care to a person or group of people and that duty gets breached.
The most common causes of wrongful death are:
- Motor Vehicle Accidents
- Medical Malpractice
- Workplace Accidents
- Product Liability
In order to file a wrongful death lawsuit, there are certain things that must be shown. The death of the person had to of been caused by another’s wrongful act or negligence that would have entitled the victim to file an action for damages if he/she would not have died. The victim has surviving children, dependents, or beneficiaries and there were monetary damages resulting from the victims death.
Kentucky Revised Statutes § 411.130, sets the hierarchy as to who is eligible for wrongful dealth compensation is as follows:
- The spouse (If the deceased left no children, the spouse receives the entirety of the settlement or award.)
- Children (If the deceased leaves children and a spouse, the children and spouse receive 50 percent each. If there is no spouse, the child or children receive the entirety of the award.)
- Parents (If the deceased left no spouse or children, the parents will receive the entirety of the settlement.)
- The deceased’s personal estate (If there is no spouse, children, or parents, the personal estate will receive the recovery.)
In Kentucky, you have one year from the time of death to file a wrongful death lawsuit. This time can pass faster than you think. If a loved one has died after an injury or accident caused by the negligence of another, give Hamilton & Stevens a call today at 606-437-6555.