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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 a typical Kentucky wrongful death case, the court will award damages as follows: The deceased person's estate will receive compensation for funeral expenses, administration costs, and any attorneys' fees. Surviving family members will receive the remainder of the damages awarded.