Lexington Wrongful Death Lawyer

Who Can File a Wrongful Death Claim in Kentucky?

In Kentucky, the personal representative or executor of the deceased person’s estate must file a wrongful death claim. The representative handles the legal affairs of the deceased person’s estate, including pursuing the wrongful death claim.

The representative does not recover damages in the wrongful death claim but instead collects the damages for the beneficiaries and distributes them according to Kentucky’s laws.

If you lost a loved one due to someone else’s wrongful or negligent actions, consult an experienced attorney who understands wrongful death cases in Kentucky. They can help guide you through the legal process, identify eligible beneficiaries, and take appropriate legal actions to seek compensation for the surviving family members’ losses.

Who Can Serve as the Personal Representative of the Estate in Kentucky?

In Kentucky, the court typically appoints the personal representative of the deceased person’s estate through the probate process. The representative may be called an executor or administrator, depending on whether the deceased person had a valid will or died intestate (without a will).

Here are some key points regarding who can serve as the personal representative in Kentucky:

Executor: If the deceased person left a valid will, they may have designated an executor to carry out their wishes and administer their estate. The executor is typically a person of the deceased’s choosing and maybe a family member, friend, or trusted individual. The court will generally honor the deceased person’s choice of executor unless there are legal reasons to disqualify that person.

Administrator: If the deceased person did not leave a valid will, or if the named executor cannot or does not wish to serve, the court will appoint an administrator to act as the personal representative.

The administrator is typically a close family member, such as a surviving spouse, child, or relative. If no eligible family member is available or willing to serve, the court may appoint another qualified individual or entity.

Qualifications: To serve as a personal representative in Kentucky, an individual must generally meet specific qualifications, including being at least 18 years old, mentally competent, and not having a felony conviction or other legal disqualifications.

The appointment of a personal representative happens through the probate court and is based on Kentucky’s laws and the case’s circumstances.

If you have questions or need to initiate the probate process to appoint a personal representative, it is wise to consult with an attorney experienced in probate and estate matters in Kentucky to ensure compliance with the legal requirements.

Types of Wrongful Death Claims in Kentucky

Wrongful death claims can happen when someone’s actions, whether they were careless, reckless, or on purpose, cause another person to die.

Some common situations where wrongful death claims may occur include:

• Car Accidents: When people die in car crashes because of a careless driver, a faulty car part, or dangerous roads, there might be a wrongful death claim.
• Medical Mistakes: If a doctor or healthcare provider makes a big mistake that leads to a patient’s death, it could result in a wrongful death claim. This could include surgery errors, wrong diagnoses, giving the wrong medicine, or not caring for the patient properly.
• Work Accidents: Fatal accidents at work, like on construction sites or in factories, can lead to wrongful death claims, especially if safety rules are ignored.
• Faulty Products: When products like machines, everyday items, or medical devices have problems that cause someone’s death, the company that made or sold the product might face a wrongful death claim.
• Dangerous Places: If someone dies because a property was not safe, like from slipping and falling, not having proper security, or not following building rules, there might be a wrongful death claim against the property owner.
• Nursing Home Abuse: When older people in nursing homes suffer harm or die because of abuse or neglect, it can lead to a wrongful death claim.
• Criminal Acts: Even if someone faces criminal charges separately, their actions, like assault, murder, or manslaughter, can still lead to a wrongful death claim.
• Recreational Accidents: Fatalities during fun activities, such as boating accidents, accidents at theme parks, or injuries while playing sports, might result in wrongful death claims if someone acted carelessly.
• Airplane Accidents: If a plane crashes and causes deaths, airlines, manufacturers, or others involved could face a wrongful death claim.
• Dangerous Medications: Deaths related to harmful prescription drugs can lead to wrongful death claims against pharmaceutical companies or healthcare providers.

Talk to a skilled wrongful death lawyer to see if your situation qualifies for a claim in Kentucky. Whether or not you can make a claim and how likely it is to succeed depends on state law and the details of your case.