Losing a loved one because of someone else’s carelessness or willful action causes deep pain and confusion. In Kentucky, the law allows certain family members to recover certain monetary damages in a wrongful death case. These damages can help cover financial losses and hold the responsible party accountable.
Types of damages in a wrongful death case
Kentucky law separates wrongful death damages into two main groups: damages for the estate and damages for surviving family members. The estate of the person who died can recover money for things like funeral and burial costs, lost wages the person would have earned, and medical bills from the final injury or illness. These damages go into the estate and follow the rules of inheritance. The goal is to repay the losses the deceased person would have suffered if they had survived.
In cases where the person’s death happened because of gross negligence or intentional harm, the court may also award punitive damages. These damages do not pay for a loss but instead punish the wrongdoer and send a warning to others. Punitive damages are rare, but they can be significant in serious cases.
Damages for surviving family members
Kentucky law also allows the surviving spouse, children, or, in some cases, parents to recover damages for their own personal losses. These damages may include loss of companionship, love, guidance, and emotional support. If the person who died was a parent, children can claim damages for the loss of parental care and attention. If the deceased was the main income earner, the family may receive money for lost future financial support.
Each case is different, and the amount of damages depends on several factors. These include the age and health of the person who died, their job and income, and the strength of their relationship with family members. The court reviews all these details before deciding how much compensation to award.
Knowing what damages are recoverable helps families understand their rights after a tragic loss. These financial awards can offer some stability during a painful time and help survivors focus on healing.