The loss of a loved one is heartbreaking, especially when the loss could have been prevented. For many families in Kentucky, filing a wrongful death claim provides a path to justice and potential compensation for the financial and emotional burdens left behind. However, wrongful death cases are complex, and determining if a case will go to court depends on a variety of factors. Here, we’ll explore when a wrongful death case might escalate to a trial, how the Kentucky legal process works, and what families can expect.

Understanding Wrongful Death Claims in Kentucky

Wrongful death claims are designed to hold individuals, companies, or entities accountable for a death caused by negligence, recklessness, or intentional harm. In Kentucky, a wrongful death lawsuit is typically filed by a representative of the deceased person’s estate. The purpose is to seek compensation for various damages that might include:

• Medical expenses related to the injury or illness that led to the death
• Funeral and burial costs
• Lost wages and benefits that the deceased would have earned
• Loss of consortium for family members who’ve lost companionship, support, and care

According to the Kentucky Revised Statutes (KRS) §411.130, a wrongful death action is legally permissible in cases where the deceased could have filed a personal injury lawsuit if they had survived. For a wrongful death case to succeed, the plaintiff must demonstrate that the defendant’s actions directly led to the death.

Common Scenarios Leading to Wrongful Death Cases

Wrongful death claims in Kentucky often arise from specific types of incidents. These can include:

• Motor vehicle accidents
• Medical malpractice
• Workplace accidents
• Defective products
• Intentional violent acts

Each scenario involves unique legal elements, but a core theme remains: establishing fault and liability. Often, families of the deceased are faced with deciding whether to settle or take the case to court. Let’s examine how that decision is made.

Settlement vs. Trial: The Path of a Wrongful Death Case

Most wrongful death cases in Kentucky are resolved through out-of-court settlements rather than going to trial. A settlement is an agreement between the involved parties in which one side, or their insurer, agrees to pay an agreed amount to the plaintiff. Settlements are typically favored due to the costs and uncertainties associated with trials. However, some cases proceed to court when:

• The parties can't agree on a fair settlement amount. Disputes often arise over the value of damages, especially non-economic damages like loss of companionship.
• The defendant denies liability. In cases where the defendant refuses to accept responsibility, a trial may be the only way to achieve justice.
• A higher level of accountability is sought. Families sometimes prefer a trial to publicly highlight negligent behavior or seek punitive damages, which are meant to punish the wrongdoer.

When a Wrongful Death Case Goes to Court in Kentucky

If negotiations fail, or if the plaintiff insists on a trial, the wrongful death case will proceed to court. In Kentucky, this process involves several steps:

1. Filing a Lawsuit: The case begins when the plaintiff files a wrongful death lawsuit in civil court. The complaint outlines the basis of the claim, including the alleged negligent or intentional actions of the defendant.
2. Discovery Process: Both sides gather evidence to build their cases. This includes:
   • Depositions from witnesses and expert testimony
   • Medical records, accident reports, and other documentation
   • Interrogatories, or written questions, that each side must answer
3. Pre-Trial Motions: Before the trial starts, both parties often file motions to resolve certain issues. For instance, a defendant might file a motion to dismiss the case if they believe there’s insufficient evidence.
4. Trial: If the case isn’t settled or dismissed during pre-trial motions, it proceeds to trial. In Kentucky, wrongful death trials are typically jury trials, where a group of jurors will review the evidence, hear witness testimonies, and determine if the defendant is liable.
5. Verdict and Damages: If the jury finds the defendant liable, they will also decide on the amount of damages to be awarded. Kentucky law allows for compensatory damages but generally limits punitive damages to cases involving intentional harm or gross negligence.

Factors That Can Complicate Wrongful Death Trials

Trials bring their own set of challenges, especially for families dealing with grief. Here are some common obstacles:

• Emotional toll: Facing the responsible party in court can be painful and emotionally taxing for family members.
• Complexity of evidence: Cases involving medical malpractice, for example, require extensive expert testimony, making trials lengthy and complicated.
• Financial considerations: Trials are expensive, with legal fees adding up quickly. Although many attorneys work on a contingency fee basis, trial costs can impact the final compensation received.

Kentucky Statute of Limitations for Wrongful Death

Kentucky law sets a time limit on when a wrongful death case can be filed. Generally, a claim needs to be filed within one year of the date of the deceased person’s death. However, if an estate is not set up within that year, Kentucky provides up to two years for a personal representative to be appointed and the case to be filed. Failing to meet this deadline usually results in losing the right to file.

Potential Outcomes of a Court Trial

When a wrongful death case goes to court, several outcomes are possible:

• Verdict in favor of the plaintiff: If the jury determines liability, they will decide on damages, which may include compensatory and, in some cases, punitive damages.
• Verdict in favor of the defendant: If the jury rules in favor of the defendant, the family will not receive compensation, and they may need to consider appeals.
• Settlements during trial: Sometimes, parties reach a settlement even after the trial begins. If the evidence points strongly toward one side, the opposing party may negotiate to avoid a full trial.

Key Takeaways for Families Considering Wrongful Death Litigation in Kentucky

For families weighing the decision to go to trial, it’s essential to:

• Evaluate settlement offers carefully: While trials can be appealing for families seeking justice, accepting a fair settlement may bring closure faster.
• Consult with experienced attorneys: Wrongful death cases are legally complex and emotionally demanding. Kentucky law firms with a strong track record in wrongful death litigation can provide valuable guidance.
• Prepare for the possibility of a lengthy process: Trials can extend the legal journey, and families should be prepared for the potential duration of court proceedings.

Navigating a wrongful death lawsuit in Kentucky can be overwhelming. Understanding when a case might go to court—and what that process entails—can help families make informed decisions.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Kentucky Wrongful Death Claims can be challenging. Fortunately, you don't need to do it alone. The experienced attorneys at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.