What Constitutes Wrongful Death in Kentucky?
Pursuant to Kentucky Revised Statutes Section 411.130 (1),
"Whenever the death of a person results from an injury inflicted by the negligence or wrongful act of another, damages may be recovered for the death from the person who caused it, or whose agent or servant caused it. If the act was willful or the negligence gross, punitive damages may be recovered. The action shall be prosecuted by the personal representative of the deceased."
To establish a wrongful death claim in Kentucky, the plaintiff must show that:
- The at-fault party owed a legal duty of care to the decedent
- There was a breach of the legal duty of care
- A death has occurred as a result of this breach
- The surviving loved ones suffered actual damages as a result of the death
Who Can File a Wrongful Death Claim?
Under Kentucky law, the following people may file a wrongful death claim:
- The personal representative of the decedent’s estate
- A court-appointed individual (if one is not otherwise specified)
While only the personal representative of the estate is allowed to file a wrongful death claim, the damages recovered will be distributed to the estate and certain surviving family members according to Kentucky law.
Time Limits for Filing
You should speak to a lawyer about the time limits for filing a wrongful death claim because it depends on many things. It generally must be filed within one year of the date that a personal representative of the estate is appointed by the Court but not longer than two (2) years. However, a claim for loss of consortium (loss of love and affection) must be filed within one year of the date of the death. Accordingly, it is very important in the context of wrongful death to discuss important dates with a lawyer.
Potential Damages Available
The following damages may be recovered from a Kentucky wrongful death claim:
- Medical costs incurred before the victim's death
- Lost income/wages and benefits
- Burial expenses and funeral expenses
- Lost earning capacity
- Mental anguish
- Lost care, guidance, support, or counsel
- Punitive damages, in certain cases.
You or a member of your family may also have a claim for loss of consortium (loss of love and affection).
Hire an Experienced Attorney Today
The death of a loved one can have devastating, long-lasting consequences on your financial, emotional, and mental health. You don't have to face these challenges all alone. It is important to retain knowledgeable attorneys to help protect your rights and pursue rightful compensation for your loss.
At Grossman Green PLLC, our attorneys can offer you the experienced legal guidance, assistance, and support you need during this difficult period. As your legal counsel, we will review and investigate every detail of your case, gather evidence and documentation, and work to prove that the defendant's wrongful actions caused the death of your loved one.
Our experienced personal injury attorneys will fight aggressively on your behalf to protect your rights. We will provide the knowledgeable guidance and compassionate representation you need to navigate key decisions in your wrongful death lawsuit. Having our team on your side can improve your chances of receiving deserved compensation for your loss.