If a spouse is killed in a car wreck, the estate of the deceased spouse can recover damages in a wrongful death lawsuit that may include the loss of their future earning power along with their funeral expenses. If medical bills were incurred between the time of the car wreck and the spouse's death, the estate may be able to recover those.  If the deceased spouse lived for some period of time between the car wreck and his or her death, it may be possible for the deceased spouse's estate to recover pain and suffering damages for that time period.   The surviving spouse may be able to recover what are called loss of consortium damages, which compensate for the loss of a spouse's companionship and services. The Kentucky Supreme Court ruled recently that such loss of consortium damages were recoverable by a surviving spouse in Martin v. Ohio County Hospital Corporation .  All cases are different and you should consult with an experienced personal injury and accident lawyer if your spouse has been killed in a car wreck.   

Frequently Asked Questions

 


Q: What damages can be recovered if my spouse is killed in a car wreck?

A: If a spouse is killed in a car wreck, the estate of the deceased spouse can recover damages in a wrongful death lawsuit that may include the loss of their future earning power along with their funeral expenses. If medical bills were incurred between the time of the car wreck and the spouse's death, the estate may be able to recover those.  If the deceased spouse lived for some period of time between the car wreck and his or her death, it may be possible for the deceased spouse's estate to recover pain and suffering damages for that time period.  

The surviving spouse may be able to recover what are called "loss of consortium" damages, which compensate for the loss of a spouse's companionship and services. The Kentucky Supreme Court ruled recently that such loss of consortium damages were recoverable by a surviving spouse in Martin v. Ohio County Hospital Corporation. 

All cases are different and you should consult with an experienced personal injury and accident lawyer if your spouse has been killed in a car wreck.   


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