Erlanger Wrongful Death Lawyer

Kentucky law gives surviving families the right to pursue a wrongful death lawsuit, but these cases are procedurally unique and governed by complex laws that an experienced attorney can help you understand. A dedicated Erlanger wrongful death lawyer from Busald Funk Zevely P.S.C. can help ensure the proper enforcement of your family’s legal rights.

Contact our seasoned personal injury attorneys today for a free consultation. 

Wrongful Death Laws 

Under Kentucky Revised Statutes § 411.130, when someone’s negligence causes a person’s death, the personal representative or executor of the deceased’s estate can file a wrongful death lawsuit. Usually, this representative is a family member, but it could also be a third party appointed by the court. To be clear, the lawsuit is not brought on behalf of surviving relatives; it takes place through the deceased’s estate. 

Our Erlanger wrongful death attorneys can help recover a wide range of damages, including medical costs related to the fatal injury, funeral expenses, and compensation for the loss of future earnings. In certain cases, punitive damages can also be awarded if the conduct was intentional or particularly negligent. The applicable statute of limitations, or legal time limit to file the case, is typically one (1) year from the appointment of the personal representative.

Wrongful Death Damages Include Both Economic and Non-Economic Losses

The losses incurred in a wrongful death case cover more than reimbursement for expenses. State courts recognize both economic and non-economic damages, which can include loss of income the deceased would have earned and the value of care and companionship the deceased would have provided.

Medical expenses incurred before death and funeral costs are typically paid directly to the estate or those who paid these costs. If the conduct of the party at fault qualifies as wanton, the state may include extra damages to compensate for the reckless misconduct. Our wrongful death lawyers at Busald Funk Zevely P.S.C. in Erlanger have demanded justice in dozens of wrongful death lawsuits, and our team understands how to document and support both tangible and intangible losses.

What Are Loss of Consortium Damages?

Within a wrongful death lawsuit, a surviving spouse or child is typically eligible for financial compensation for the loss of the deceased’s love, guidance, friendship, or assistance, called loss of consortium. A wrongful death attorney in Erlanger could also assist in this type of recovery.

These damages are not part of the estate’s recovery, as in the main wrongful death case, but are instead awarded directly to the spouse or child. Unlike some states, Kentucky allows minor children to assert these rights. In other words, a wrongful death lawsuit often includes both estate-based claims and individual loss of consortium claims.

Distribution of Damages Follows a Priority System

Once an attorney secures a settlement for a wrongful death in Erlanger, there is a mandate for the distribution of these funds. According to KRS § 411.130, after the payment of expenses and attorney’s fees, distribution of the remaining funds occurs in the following order: 

• If the deceased had a surviving spouse and no children, the spouse receives everything
• If there is a surviving spouse and children, the state divides the settlement among them
• If the only survivors are the deceased’s children, they receive the funds
• If the deceased leaves no spouse or children, the estate receives the proceeds

This order overrides wills or other estate planning documents when distributing wrongful death proceeds. For example, if the deceased had plans to marry, the fiancé often receives nothing. Likewise, in a blended family, step-children may not receive compensation.

Contact a Wrongful Death Lawyer in Erlanger To Get Started

Busald Funk Zevely P.S.C.’s personal injury team handles wrongful death lawsuits with care and attention to detail. Our dedication to the local community shines through in our representation. If your family has wrongfully lost someone, an Erlanger wrongful death lawyer can guide you through the process. Contact us now to set up a free case review.