For many, the thought of losing a loved one is unimaginable. But that is the unfortunate reality for many families. And when the death is caused by the actions of another, it adds to the heartbreak.
There are legal actions that can be taken against a party if their recklessness, negligence, or intentional actions lead to a loss of life. This is known as a wrongful death lawsuit. But what is the legal definition of wrongful death in the Bluegrass State?
Let’s look at how the law defines wrongful death in Kentucky.
Wrongful Death Law in Kentucky
In Kentucky, the law allows families to seek justice through a wrongful death lawsuit. Under Kentucky Revised Statute (KRS) 411.130, wrongful death occurs when a person dies due to another party’s careless or intentional actions.
This process allows the deceased’s estate to pursue compensation. With help, surviving family members can cope with the financial and emotional impacts of their loss.
At its heart, wrongful death means that the loss could have been prevented if someone else had acted with a certain level of care. This can happen in many different situations, including:
Car Accidents
Whether caused by a drunk driver, distracted driving, or reckless behavior, fatal crashes are one of the most common reasons families file wrongful death claims.
Medical Malpractice
When a healthcare professional makes a mistake, such as a surgical error, misdiagnosis, or improper treatment, and leads to a patient’s death, their family may be eligible to file a claim.
Workplace Accidents
Employers have a responsibility to keep their workers safe. The employer may be held accountable if unsafe conditions or faulty equipment lead to a fatal injury.
Defective Products
Manufacturers must make sure their products are safe. The company could be liable if a faulty product, like a dangerous appliance or defective car part, causes a fatal accident.
Unsafe Property Conditions
Property owners are responsible for maintaining safe spaces. If someone dies because of unsafe conditions due to a fall, fire, or structural collapse, the owner may face a wrongful death lawsuit.
Intentional Acts of Harm
Even if a person’s death results from an intentional act like assault or homicide, their family can still seek financial compensation through a civil wrongful death case.
Keep in mind that wrongful death cases are separate from any criminal charges that may be filed. For example, if someone is charged with manslaughter for causing a fatal car accident, the victim’s family can still file a civil lawsuit to seek compensation.
Even if the criminal case doesn’t lead to a conviction, the family may still win their wrongful death case since civil cases have a lower burden of proof.
Wrongful death claims help families recover financially from their loss. This compensation can cover:
- Funeral and burial costs
- Medical bills for treatment of injuries up to their death
- Lost income of the deceased
- Emotional pain caused by the death
While money cannot replace a loved one, a wrongful death lawsuit can provide a sense of closure during a tough time.
Who Can File a Lawsuit?
Under Kentucky law, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. They are either named in the deceased’s will or appointed by the probate court. These individuals head the legal process, but all compensation is still awarded to the deceased’s surviving family members, including:
- The spouse
- The children
- The parents
- Other dependents who relied on the deceased for financial support
The Statute of Limitations
Wrongful death lawsuits in Kentucky must be filed within two years from the date of the deceased’s death.
However, some factors can affect this deadline. For example, if the death resulted from medical malpractice, additional rules may apply. The clock might not start ticking until the cause of death has been determined.
Justice After a Wrongful Death
While no legal action can compensate for the loss of a loved one, pursuing a wrongful death claim can help ease the financial burden and hold these parties liable for their negligent actions.
Understanding Kentucky’s legal definition of wrongful death is the first step toward seeking justice. If you believe your loved one’s death resulted from someone else’s negligence, the team at McCoy & Hiestand, PLC, is here to assist.
