Nothing can prepare you for the unexpected loss of a loved one, and no amount of money can replace the wonderful things they brought to your life.
The purpose of a wrongful death lawsuit is to alleviate the financial burden of the surviving family members by providing compensation for funeral and burial expenses, legal fees, and loss of guidance and support.
If you have lost a family member because another person or organization was negligent, you might be wondering who can sue for wrongful death to seek compensation.
Can Any Family Member File a Lawsuit?
Kentucky laws do not allow all family members to file a wrongful death lawsuit. The only person who can file a wrongful death suit is the personal representative of the deceased’s estate.
What Is a Personal Representative?
A personal representative is the person who is responsible for settling the estate of the deceased to ensure all debts are paid and assets distributed.
How Is the Personal Representative Selected?
If your loved one had a will when they passed, then the personal representative should be named in the will. It is possible they will be referred to as the executor in the will; this is the same role as the personal representative.
For individuals who pass without a will, the court will usually appoint the surviving spouse as the personal representative of the estate. The deceased’s spouse can waive this duty and designate a suitable individual. In the event there is no surviving spouse or the surviving spouse is not qualified to act as the personal representative, the court will select another heir to fulfill this duty. If the deceased has more than one legal heir, then the court will accept applications and schedule hearings to review the applications and appoint an appropriate person to carry out the duties.
Does the Personal Representative Decide Who Receives Compensation?
No, Kentucky laws mandate how compensation from a wrongful death lawsuit must be distributed. However, the personal representative must pay the following items before the deceased’s family receives the remaining money:
- Funeral expenses,
- Estate administration fees and costs, and
- Legal fees not recovered in the wrongful death lawsuit.
This requirement ensures your loved one’s estate will not incur debt caused by the negligence of a person or company.
After the fees and costs above are paid, the law requires the personal representative to distribute the compensation in the following order, as applicable:
- 100% to the surviving spouse, if there are no children;
- 50% to the surviving spouse and 50% to the surviving children;
- 100% to surviving children if there is not a surviving spouse;
- 100% to the deceased’s surviving parents if there is no surviving spouse or children; or
- 100% to the deceased’s estate if there is not a surviving spouse, child, or parent.
In the event the compensation is distributed to the estate, the personal representative must use the funds to pay all outstanding debts before distributing the remaining funds to the deceased’s next line of heirs. Pamela C. Bratcher, attorney at law, has the necessary knowledge and skills to advise you on how to file a wrongful death lawsuit and help determine who is eligible for compensation.
Call Today for Trusted, Compassionate Advice
Pamela C. Bratcher is a kind, attentive lawyer who has decades of experience representing families in the Bowling Green area. She will aggressively fight for your family’s right to receive compensation for the traumatic loss of your loved one.
Families who lost a loved one due to the negligence of a company or another person have only one year after the accident to file a wrongful death lawsuit. Contact the Law Office of Pamela C. Bratcher today for a consultation on how to file a wrongful death lawsuit.