Kentucky car accidents often result in devastating casualties. One tragic accident happened at the beginning of July 2019. A young school principal died as a result of a fatal car accident. When the accident occurred, the principal was driving her husband and three children. Her husband suffered multiple injuries, and her children suffered severe injuries. Paramedics airlifted the children to the University of Kentucky Medical Center in Lexington. The other driver who veered into the lane of the family car, hitting it head-on, also died as a result of the accident.
Tragic Kentucky car accidents like this one remind us how dangerous driving can become. If one of your family members was involved in a fatal car accident, you might be entitled to compensation. When another driver’s negligence or recklessness leads to a deadly car accident, he or she opens himself to a lawsuit.
Kentucky Wrongful Death Lawsuits
In Kentucky, if someone’s death results from the negligent or wrongful act of another person, family members may seek to recover damages from the negligent person. Wrongful death lawsuits are not the same as the state bringing criminal charges against someone. A wrongful death lawsuit is a personal injury lawsuit filed in civil court.
What Damages are Available in a Kentucky Wrongful Death Lawsuit?
Unlike many other states, in Kentucky, wrongful death lawsuit plaintiffs may seek economic damages due to the deceased’s loss of earning ability. The deceased’s spouse and children can still recover if the lawsuit. In many cases, a Kentucky court will order that the damages be paid to specific surviving family members, starting with the spouse.
If the deceased suffered before death, the estate may receive more damages. The more income the deceased earned in life, typically, the higher the compensation for loss of wages. In addition to compensation for a loved one’s loss of income, courts may award the estate burial and funeral expenses.
Punitive damages are separate damages awarded in addition to specific and general damages. The court may award punitive damages when the defendant acted with gross negligence or malicious intent. The purpose behind a court awarding punitive damages is to punish the wrongdoer for those malicious actions.
The Statute of Limitations for Kentucky Wrongful Death Claims
Families who have lost a loved one due to another person’s negligence only have one year to file a wrongful death lawsuit. This statute of limitations is unusually short compared to those of other states. Families must file their lawsuit within one year of the fatal event, or they will lose the right to file a lawsuit permanently.
Filing a Kentucky wrongful death lawsuit is no simple matter. These lawsuits can become drawn-out legal battles. Our attorneys will fight right alongside you. We understand that when our clients lose a loved one in these circumstances, it can be devastating. Our understanding hometown attorneys will treat you with kindness as we fight for your right to compensation. Contact us at 606-403-1222 today for your free consultation.