When the Unthinkable Happens: A Guide to Wrongful Death Cases in Kentucky – Part Two

The loss of a loved one is devastating enough without having to navigate the legal system. But when someone’s death is caused by a preventable accident or wrongful actions, Kentucky law provides a way for families to seek justice. Working with experienced Paducah wrongful death lawyers can help you understand your legal rights and help guide you through the process of pursuing a claim.

In Part One of this series, we laid the foundation for understanding wrongful death claims in Kentucky. We discussed what qualifies as a wrongful death, why it’s necessary to act quickly, and the importance of establishing legal standing by appointing a personal representative for the deceased’s estate. Finally, we touched on some initial steps families can take to protect their rights and start the healing process. We now turn to the details of filing a wrongful death claim and understanding the compensation available to grieving families.

The wrongful death lawyers at Saladino & Schaaf, PLLC are here to help you as you take on a complicated legal system to address the loss of your loved one and the impact of that loss on you and your family. 

Who Has the Right to File a Wrongful Death Suit in Kentucky?

In Kentucky, the process of filing a wrongful death lawsuit is unique. Unlike some states where family members can file directly, Kentucky law puts this responsibility in the hands of the personal representative of the deceased person’s estate.

Here’s what that actually means: the personal representative, sometimes called the executor or administrator, is typically named in the deceased person’s will. If the person who passed left no valid will, as can often be the case, a petition would need to be filed to have the court appoint someone to serve in this role. As the surviving partner or family member, you would most likely file to be the personal representative of the estate for purposes of a wrongful death claim. While the personal representative files the lawsuit, they do it on the family members’ behalf.  Think of them as the quarterback, coordinating the legal action for the benefit of the family.

A Step-by-Step Process for Filing a Wrongful Death Claim

The first step in filing a wrongful death claim is appointing a personal representative for the deceased’s estate. This appointment is necessary and must happen before a lawsuit can be filed. Once a representative is appointed, the next step involves meeting with experienced wrongful death attorneys, like those at Saladino & Schaaf. During these meetings, we will review the evidence and assess the value of your case.

If we determine that a claim is viable, a lawsuit may be filed. This typically involves properly and timely submitting the necessary paperwork, including the Complaint, to the court. The Complaint outlines how the death occurred and explains why another party is legally responsible.

Once the lawsuit is filed, the legal process begins. The defendant is formally notified, and both sides engage in “discovery,” a phase where evidence is exchanged and examined. Throughout this time, there may be settlement negotiations to resolve the case outside of court. If a settlement cannot be reached, the case will proceed to trial, where a judge or jury will determine the outcome.

What Compensation is Available? 

When pursuing a wrongful death claim, understanding the types of compensation available can help provide clarity during such a difficult time. Kentucky law allows damages in several key categories.

Financial Losses

Financial losses represent a key component of compensation in wrongful death cases, covering the tangible economic impact of a loved one’s untimely death. This includes the income and benefits the deceased would have earned throughout their lifetime, along with other monetary contributions they provided to their family.

Lost income is often the most significant part of this category. For instance, if a 35-year-old electrician earning $60,000 annually was expected to work until age 65, the family could claim 30 years of lost wages, adjusted for expected raises and promotions. Beyond wages, many families overlook the substantial value of benefits packages, which can comprise 20-30% of total compensation. These include lost health insurance, retirement contributions, pension benefits, and even anticipated bonuses or commissions.

Additionally, the value of services the deceased provided to the household—such as childcare, home maintenance, or meal preparation—may be calculated and included in the claim. These contributions, while not paid in wages, can carry measurable economic value.

Medical expenses tied to the injury can be recoverable. This includes emergency room visits, hospital stays, medications, and other healthcare costs incurred before death. Finally, funeral and burial costs may also be covered, encompassing expenses such as the burial service, plot, headstone, and related necessities, ensuring families are not left with these financial burdens during an already difficult time.

Family Losses

Another significant and separate category of damages in some wrongful death cases is family losses, which recognize the profound emotional and relational impact of losing a loved one. For spouses, this includes loss of consortium, which compensates for the loss of love, companionship, comfort, affection, and the partnership shared with the deceased. For minor children, the law provides compensation for the loss of parental care, guidance, and nurturing. These intangible contributions—such as emotional support, mentoring, and life guidance—play an important role in shaping a child’s future. Courts may consider factors like the child’s age (younger children generally receive more compensation due to the greater loss of parental guidance) and the strength of the parent-child relationship.

By addressing both spousal and parental losses, Kentucky law seeks to acknowledge the irreplaceable roles that family members play in one another’s lives and provide some measure of support to those left behind.

Punitive Damages

Finally, in cases involving particularly egregious misconduct, the court may award punitive damages. These are designed to punish the responsible party and deter similar behavior in the future.

Let Our Paducah Wrongful Death Lawyers Help You Seek Justice and Compensation

Remember, while no amount of money can compensate for the loss of a loved one, a wrongful death lawsuit may help provide financial stability and a sense of justice for your family’s future. If you have lost a loved one in an accident, Saladino & Schaaf, PLLC can help you understand your rights and explore your options. We’re dedicated to getting you the compensation you deserve. Call us at (270) 444-0406 or (270) 753-1529 for a free consultation.  Our offices are conveniently located in Paducah and Murray.