What Is The Statute Of Limitations For A Wrongful Death Claim In Kentucky?
The statute of limitations for a wrongful death in Kentucky is one year from the date of death or one year from the date the administrator is appointed. So basically, we can extend it past that first official year but only up to a maximum of one more year depending upon when we actually have the estate opened and an administrator appointed.
My Mother Died In A Wrongful Death Incident. I Was Her Primary Caregiver. Will I receive The Proceeds Of A Wrongful Death Award Or Will It Be Divided Amongst Siblings?
Again, the wrongful death statute actually lays out how the recovery is supposed to be distributed. In general, it lays out an equal distribution among all the siblings.
The Death Of A Family Member Has Been Hard Enough And I Don’t Want To Deal With The Difficulties Of A Lawsuit. What Would You Advise?
I understand that and years ago, unfortunately, I lost a family member myself. So I understand that people don’t want to be dealing with things like lawsuits or other things that are going to complicate or compound the grief that they are going through. That’s why what I suggest that we do is an initial meeting and try to see what our options are and hopefully be able to turn over the issues and stress of the lawsuit over to myself and see where we can go from there.
Does There Have To Be A Conviction In A DUI Or Reckless Driving Case Before I Can Sue For Wrongful Death?
No. All we have to do is we need to show that the other person was negligent and that negligence resulted in the person’s death. If there is a DUI or some other conviction, that might add to the value of a case because you might be able to recover something like punitive damages as well.
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