It’s a term you hear a lot, but what exactly constitutes a Wrongful Death case?

At McCoy & Sparks, we’ve got the answers you’re looking for—as well as the legal assistance you need if you’re ever unlucky enough to be involved in a case of this kind.

What is wrongful death?

In the event of a person’s death, there can be many other people who are affected besides the person who died. In all likelihood there are family members who depended on the deceased for financial or emotional support. A wrongful death lawsuit is an attempt to recover a financial settlement to cover the loss of that support due to a negligent act such as careless driving or deliberate murder.

Who can sue for wrongful death?

It’s different depending on the state. In Kentucky, spouses, minor children or parents of minor children can make claims for loss of the deceased’s companionship, financial support, and for mental pain and suffering.

Is there a statute of limitations for filing a wrongful death claim?

Yes, and miss the timeframe and the opportunity to fi le the claim is lost. In Kentucky, the statute of limitations will vary depending on the circumstances, but is often only one year from the date of death.

What is the difference between murder and wrongful death?

Murder is determined by the criminal justice process, while wrongful death is determined in a civil lawsuit. Civil lawsuits for wrongful death are tried for money damages, not to put the defendant in prison. In criminal cases, the standard is “proof beyond a reasonable doubt.” In civil cases, the standard of proof is “by a preponderance of the evidence,” which basically means “more likely than not.”

How is the amount of damages determined in a wrongful death case?

It can be complicated to determine the amount of money you can collect from a wrongful death suit, but here are some basic things to consider:

• Family members can recover payment for the deceased’s medical bills and funeral expenses.
• Loss of income is often determined by estimating the amount of wages the person who died would have earned if they’d had lived.
• The amount rewarded for pain and suffering varies from case to case, depending upon the severity and longevity of the pain and suffering between onset of the injury and death, along with many other factors.

If you have more questions about Wrongful Death, contact McCoy & Sparks at 348-3971
or visit us online at www.McCoyandSparks.com. We’re ready to represent your case!