Who May Sue for a Death in a Brandenburg Trucking Accident?

Any motor vehicle accident can cause serious, even life-threatening, injuries to the victims. Trucking accidents, however, are even more likely to cause fatal injuries to the victims because of the sheer size and weight of the vehicle involved in the collision. If you have lost a family member to a trucking accident in Brandenburg or anywhere in Kentucky, you may be entitled to damages through a wrongful death lawsuit. Although litigation may not be something you wish to think about right after the loss of a loved one, the law limits the time you have to pursue compensation. No amount of money is worth losing a loved one; however, not only will you be easing the financial burden that was likely caused by the death of your loved one by pursuing your rights in wrongful death action based on a trucking accident but you will also be holding the person or entity responsible for the death accountable.

In Kentucky, only the personal representative of the decedent’s estate can actually initiate a wrongful death lawsuit. The personal representative is appointed by the probate court handling the probate of the decedent’s estate. If the decedent left behind a Last Will and Testament, the person named as executor in the Will is typically named as the personal representative. If no Will was left behind, a family member or loved one may ask to be named the personal representative. Although only the personal representative can actually initiate a wrongful death lawsuit, other members of the family may ultimately be entitled to damages in the lawsuit. In Kentucky law splits the damage award as follows:

• If there is a surviving spouse but no children, the spouse receives the entire award.
• If there is a spouse and children, the damages award is split equally between the spouse and children.
• If children survive the decedent but no spouse, the children get everything.
• If no spouse or children survive the decedent but a parent (or parents) survives the decedent, the parent(s) receive the entire damages award.
• If no spouse, children or parents survive the decedent, the damage award goes to the decedent’s estate and is distributed to the beneficiaries or heirs of estate just as other assets are.

If you are a survivor of a Brandenburg trucking accident, contact an experienced Brandenburg trucking accident attorney as soon as possible to discuss what rights you may have to damages in a Kentucky wrongful death lawsuit.