If you suffered the loss of a loved one, one thing you must consider is if it was a wrongful death. Kentucky law says that wrongful death is when a person dies because of negligence or someone else’s wrongful act. In addition, if you prove the negligence was gross or the act willful, you may pursue punitive damages.
However, wrongful death has a statute of limitations. Besides the statute of limitations, there are several other aspects you need to be aware of. See below to learn more about the laws surrounding wrongful death in Kentucky.
What is the statute of limitations?
For motor vehicle accidents, the statute of limitations is two years from the date of death. For loss of consortium claims, you only have one year to file. A loss of consortium claim may be separate from the wrongful death claim. However, in most cases, you can assume that you have two years to file a claim after a wrongful death.
What damages can I pursue?
When you file a lawsuit for wrongful death, you have several avenues to recover your losses besides the outright earning power of your spouse or parent. Disability benefits factor into your claim as well. As stated above, you may pursue punitive damages if the act was intentional or grossly negligent. Finally, if your deceased loved one suffered injury before their death, you may seek further damages to compensate for their suffering.
Nothing can replace the loss you suffered from a wrongful death. However, you do not need to suffer any more than you already have. Consult with an experienced professional about your options to pursue damages.