When you lose a loved one because of someone else’s negligence, you can seek compensation from those who killed them. You can do this through a wrongful death lawsuit. If you need legal advice, speak with our personal injury lawyer in Georgetown during this tragic time.
We will listen to your story with compassion and advise you on what must happen to get compensation in your case. You must start your wrongful death claim within a year of the death, so it’s best to speak with McCoy & Hiestand as soon as possible to get your case started.
Who Can Bring a Wrongful Death Case in Kentucky?
Whoever is appointed the executor or the administrator of the deceased has the authority to bring a wrongful death lawsuit. This person is normally named in the will. If there isn’t one, the court will have to appoint one. This will take time, so call us for advice on what to do in this situation to make sure your case starts in time.
Kentucky does not allow close family members to bring a wrongful death claim. However, close family members will get compensation from the case should you win in court. There is a priority list to determine who gets the money.
Work With Chad and Sheila Today
Who Gets the Money After a Wrongful Death Win in Georgetown?
Here is the order of who gets compensation after a wrongful death claim in Kentucky:
- Surviving spouse and no children – 100% to the spouse
- Surviving spouse and children – 50% to the spouse, 50% to the children
- No surviving spouse, but living children – 100% to the children
- No surviving spouse or children – 100% to the surviving parents
- If none of the above fit – 100% to the decedent’s estate
Need An Experienced And Dedicated Team On Your Side?
How Much Money Could My Family Get?
There is a lot of variation in payouts for wrongful death claims. The type of death, the length of illness, punitive damages, and more can change the value. The purpose of wrongful death suits is to remove the financial shock of losing your loved one, as well as additional compensation for the emotional loss.
Kentucky has no caps on wrongful death claims like some states, so your wrongful death lawyer can pursue as much compensation as possible. They will gather evidence about what happened in the accident, what happened after, and how it has affected you and your family before suing the responsible party.
Once they’ve finished their investigation, your lawyer can tell you how much you will likely receive from your wrongful death claim.
My Minor Child Died. Can I Get Wrongful Death Damages as a Parent?
Yes, you can. You can recover damages for loss of affection and companionship of your child under Kentucky Revised Statutes Section 411.135. However, parents who have abandoned the care and maintenance of the deceased child cannot recover damages for wrongful death.
Need A Lawyer That Will Fight For your Rights?
What Are the Damages in Wrongful Death Cases?
In Kentucky, there are a small number of damages in wrongful death cases. The economic damages include final medical bills, funeral bills, and the deceased’s lost income. Non-economic damages can include pain and suffering of the deceased before death and loss of consortium.
Punitive damages are likely if your loved one died because of gross negligence or a deliberate act of malice. This is a punishment by the court against the defendant to pay you extra money for what happened.
Hiring a Wrongful Death Lawyer
Losing a family member can leave a family under terrible financial strain. You need to get as much money as possible, and a wrongful death lawyer can help your family get the necessary compensation to move on from what happened.
The personal injury lawyers at McCoy & Hiestand work on a contingency fee system. This means you will not have to pay us anything unless you win your case. Consultations are also free, so there is no risk to you asking us about your legal options.
If you win your case, our fee is a percentage of the final amount. During your consultation, we will discuss our fee structure with you if we believe you have a case.
Call a Wrongful Death Lawyer Today
If you’ve lost a loved one and live in Georgetown, KY, find out if you may be eligible to file a wrongful death claim. Many people die in accidents all the time that someone else caused. There’s no reason to avoid seeking compensation when this happens.
To see if you have a case and what your options are, contact McCoy & Hiestand today for a free consultation and a compassionate ear.
Let Us Put Our 58 Years Of Trial Experience Towards Your Case.