When negligence takes a loved one, Kentucky law gives families the right to seek justice. Learn who can file, what can be recovered, and the deadlines involved.
A claim brought on behalf of the estate
Under KRS 411.130, a Kentucky wrongful death claim is generally brought by the personal representative (executor or administrator) of the deceased person's estate, not directly by individual family members. One of the first steps is often opening an estate and having a representative appointed.
Who receives the recovery
Kentucky law sets an order for distributing wrongful death recovery: it passes to the surviving spouse and/or children, then to parents, and finally to the estate, depending on who survives. A separate 'survival' claim may also exist for the pain and suffering the deceased endured before death.
What can be recovered
Damages can include the destruction of the deceased's power to earn money over their expected working life, funeral and burial expenses, and final medical costs. Where the death resulted from gross negligence — such as drunk driving — punitive damages may also be available.
The clock is already running
Wrongful death deadlines in Kentucky are tied in part to the appointment of the estate representative and can be short. Acting promptly protects both the deadline and the evidence.
We handle these cases with compassion and care. For a free, confidential consultation, call 973-566-5599.
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