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What damages can I receive for wrongful death?

On Behalf of | Jan 7, 2021 | Wrongful Death

A wrongful death lawsuit can enable you to recover compensation for your loss. Damages in a case might include payment for the direct costs, such as medical expenses, and for other costs, such as suffering and loss of companionship.

According to the Kentucky General Assembly, any money the court awards in a wrongful death case must first go to pay attorney and administration fees, court costs and funeral expenses. In addition, the law dictates what you can receive of the money left based on your relationship to the deceased.

Spouse and children

The first in line for compensation is the direct next of kin. This includes the spouse and children of the deceased. If you are the spouse and there are no children, then you will receive the whole amount of the compensation. If you are the spouse and you have children, then you will split it with the children. You get one half and the children, whether it is one or more, will together get the other half. They will have to split it between them from there.

If you are a child of the deceased and he or she did not have a spouse, then you and any siblings get the full amount to divide amongst yourselves.

Other situations

In the event that the person did not have a spouse or any children, then the next of kin is the parents who will get the full amount. However, if the person does not have living parents, then the damages become part of his or her estate. The estate will then disburse it according to estate laws, with debts paid first and then disbursement according to the deceased will or other estate documents.