Wrongful Death Laws in Kentucky
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Losing a loved one results in both emotional and financial pain. If your loved one died because of another’s actions, you may be wondering whether you have any recourse.
Depending on the facts of your case, a wrongful death suit may allow you to recover financially and allow you to worry less about paying bills after losing a loved one. If you recently lost a loved one, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with our wrongful death attorneys.
What is a Wrongful Death Lawsuit in Kentucky?
If your loved one died as a result of an injury inflicted by another’s negligence or wrongful act, you may be able to recover under Kentucky’s wrongful death statute. This statute allows families to move on financially from a devastating loss. While emotional recovery will likely be incredibly difficult, this statute allows financial recovery to be derived from the very person or people who caused the loss your family suffered.
Who May File a Wrongful Death Claim in Kentucky?
Only the personal representative may bring a wrongful death claim in Kentucky. However, damages are awarded to the surviving loved ones of the decedent.
Usually, a loved one is appointed as personal representative, and will likely be in agreement about whether or not to bring a wrongful death suit with the other surviving family members.
However, if the personal representative refuses to file a wrongful death suit, you may have a cause of action against the personal representative. Alternatively, it may be possible to get the court’s permission to appoint a different administrator of the decedent’s estate to file a wrongful death claim.
What Damages Are Available in a Kentucky Wrongful Death Claim?
The damages awarded in a wrongful death action depend on the financial support the decedent was able to provide. Additionally, if the act that caused the decedent’s death was intentional or grossly negligent, punitive damages may be recovered.
Although the personal representative brings the suit, any damages awarded are given to the decedent’s surviving family members after the personal representative pays off various expenses they have acquired while administering the estate.
Generally, only a spouse, child, or parent of the decedent may recover. If the decedent has no surviving immediate family members, the damages are awarded to the estate of the decedent to pay off debts, after which the remaining funds will go to any distant relatives the decedent.1
How Long Do I Have to File a Wrongful Death Claim in Kentucky?
Kentucky’s statute of limitations for wrongful death law suits is one year from the date of death, which is shorter than other states. In some cases, the one year statute of limitations begins on a date other than the decedent’s death, such as when the personal representative is appointed.
An attorney familiar with wrongful death cases may be able to help you figure out when your time to file a wrongful death suit may have run out. However, the important thing to take note of is that one year is a short window in which to prepare a case for filing. Speaking with an attorney sooner rather than later will help ensure you are able to meet this one year deadline.
How Can I Learn More?
At Zinda Law Group, our wrongful death attorneys have helped thousands nationwide get their lives back on track after losing a loved one. We have the knowledge and resources necessary to help you seek maximum compensation for your loss.
Our firm also believes that you should never have to worry about their ability to afford excellent legal representation while grieving. That is why we offer 100% free consultations, and why you will pay nothing unless we achieve a favorable settlement, judgment, or verdict for your personal injury case. That’s our No Fee Guarantee.
Meetings with attorneys are available by appointment only.