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There are many defenses you can use in a wrongful death suit such as: The statute of limitations has run and the claim is time barred. You did not have a duty of care towards the deceased. You acted in self-defense. You were not negligent in your actions and did everything a reasonable person would have done.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
In many states, the deceased's family can file a wrongful death lawsuit. In Kentucky, however, the personal representative (sometimes called "the executor") of the deceased person's estate must file the claim in most cases.
State law only permits wrongful death actions to be filed by a court-appointed representative of the deceased person's estate. However, the court-appointed representative is usually an immediate family member of the decedent, such as the surviving spouse or an adult child.
Kentucky law lays out a specific way in which wrongful death damages are distributed: A surviving spouse will receive the entire amount, unless there are surviving children, in which case the spouse and the children will divide the damages equally.
In the state of Florida, only the personal representative of the deceased person's estate may legally file the wrongful death claim. The personal representative may be chosen during a person's lifetime and named in a will or estate plan, or may be appointed after death if the deceased left no will or estate plan.