The wrongful death of a loved one is a devastating experience. While no amount of money can compensate for the loss of a loved one, wrongful death compensation can alleviate some of the financial burden and provide a sense of justice. Kentucky has specific factors that determine wrongful death compensation.
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What is wrongful death?
Wrongful death is defined as a death caused by the negligence, recklessness, or intentional act of another person or entity. Wrongful death claims can be filed by the decedent’s family members or personal representative.
Who can file a wrongful death claim in Kentucky?
In Kentucky, the following family members can file a wrongful death claim:
- Spouse
- Children
- Parents
- Siblings (if there are no surviving spouses, children, or parents)
Factors that determine wrongful death compensation in Kentucky
Economic damages
Economic damages are intended to compensate for the financial losses resulting from the wrongful death. Economic damages may include:
- Medical expenses incurred before the death
- Funeral and burial expenses
- Loss of income and benefits (including potential future income and benefits)
- Loss of services and support (including household services)
Non-economic damages
Non-economic damages are intended to compensate for the intangible losses resulting from the wrongful death, such as the loss of companionship, guidance, and emotional support. Non-economic damages may include:
- Pain and suffering of the surviving family members
- Mental anguish
- Loss of consortium (i.e. the loss of the marital relationship between the surviving spouse and the decedent)
Punitive damages
Punitive damages are intended to punish the defendant for their wrongful conduct and deter similar conduct in the future. Punitive damages are only available in cases where the defendant’s conduct was willful or malicious.
Statutory limits
In Kentucky, there are no statutory limits on the amount of economic and non-economic damages that can be awarded in a wrongful death case. However, punitive damages are subject to certain limits. The maximum amount of punitive damages that can be awarded is the greater of:
- Two times the amount of economic damages plus non-economic damages up to $500,000
- $1.5 million
Conclusion
Kentucky wrongful death compensation factors are intended to compensate the surviving family members for their financial and emotional losses resulting from the wrongful death of a loved one. If you have lost a loved one due to the negligence, recklessness, or intentional act of another person or entity, you may be entitled to wrongful death compensation. It is important to consult with an experienced wrongful death attorney to determine your legal options.