Losing a loved one due to someone else’s negligence is an unimaginable experience. Pursuing a wrongful death claim can help hold the responsible party accountable while providing financial relief to the surviving family. People in this position often want to know the average wrongful death settlement in Kentucky.
However, each case is unique, and several factors can significantly influence the compensation in these claims. Understanding the factors that influence settlement amounts can help you know what to expect from your wrongful death case.
Factors That Impact the Average Settlement for Wrongful Death
Each case is unique, and several key factors influence the average settlement for wrongful death. Knowing these factors can give you a clearer picture of how courts calculate compensation.
- Economic losses. The financial support the deceased would have provided had they lived is a primary factor. This includes lost wages, future earnings, and other monetary contributions loved ones would have benefited from, such as health insurance.
- Medical and funeral costs. Any expenses related to medical care before death and funeral costs are typically included in the settlement calculation.
- Pain and suffering. Kentucky allows families to recover damages for the emotional suffering the surviving family members endure. The level of emotional impact and the family’s relationship with the deceased can affect this.
- Punitive damages. In relatively rare cases, punitive damages may be awarded if the responsible party’s conduct was especially reckless or intentional. These damages are meant to punish the wrongdoer and deter future misconduct.
- Insurance limits. The responsible party’s insurance coverage often dictates how much the survivors can recover. In some cases, the defendant’s policy limits might limit or decrease the wrongful death lawsuit average settlement.
Each of these factors contributes to the overall settlement amount, and it’s essential to consider them all when assessing your potential compensation.
Wrongful Death Lawsuit in Kentucky: Who Can Receive Benefits?
Who can get compensated based on a wrongful death lawsuit in Kentucky? The goal is to compensate the surviving family for their financial and emotional losses. The courts consider the decedent’s financial contributions to their family, which often include income and benefits the individual would have provided if they had lived.
The following people have the right to inherit any settlement money from a wrongful death claim:
- The spouse can inherit 100% of the benefits if the couple did not have children;
- The spouse and their children, if the decedent had both;
- The decedent’s children, if they had no spouse when they died;
- The decedent’s parents.
Grandchildren, siblings, and other relatives might receive compensation if none of the above exist or outlive the decedent.
Why Legal Help Is Essential in a Wrongful Death Lawsuit in Kentucky
Pursuing a wrongful death lawsuit in Kentucky without legal assistance can be challenging and overwhelming. Having experienced legal counsel by your side ensures that all potential avenues for compensation are explored, including economic losses, pain and suffering, and punitive damages if applicable. A skilled attorney can also help you understand the value of your case and guide you through the legal process.
Understanding the wrongful death lawsuit average settlement in Kentucky and the factors that affect it can help you approach your case with more clarity. If you are considering filing a wrongful death claim, legal guidance can make a significant difference in securing the compensation your family deserves.
Still Have Questions About a Wrongful Death Lawsuit Average Settlement? Speak with Us Today
If you recently lost a loved one in a preventable accident, the tragedy your family is experiencing is undeniable. As a result, it may seem like there is no good time to look into your legal remedies. However, Kentucky’s laws require you to act quickly to protect your right to pursue compensation.
To schedule a free and no-obligation consultation with an experienced attorney, reach out to the Law Office of Pamela C. Bratcher through the phone or our online contact form. There is no risk in calling because consultations are free, and we will not accept payment for our services unless we can recover compensation on your behalf.