Wrongful Death Lawsuits in Kentucky: Who Can File and What You Can Recover
When someone’s negligence or wrongful conduct causes the death of another person, Kentucky law allows the deceased person’s estate to bring a wrongful death lawsuit on behalf of the survivors. These cases are among the most serious in civil litigation — both in terms of the emotional toll and the damages involved. Understanding who can file, what can be recovered, and the applicable deadlines is critical.
Who Can File a Wrongful Death Lawsuit in Kentucky?
Under KRS 411.130, a wrongful death action in Kentucky must be brought by the personal representative of the deceased person’s estate. This is the executor named in the will or the administrator appointed by the court. Individual family members cannot file the lawsuit in their own names — it must come through the estate. If no estate has been opened, a personal representative must be appointed before the wrongful death action can be filed.
What Can Be Recovered?
Kentucky’s wrongful death statute allows recovery for the full damages sustained by the estate and the beneficiaries, including the decedent’s pain and suffering between the time of injury and death, the decedent’s lost future earnings (what they would have earned over their remaining working life), loss of the decedent’s parental guidance and companionship (for surviving children), funeral and burial expenses, and medical expenses incurred before death.
Punitive damages are also available in wrongful death cases in Kentucky — a significant feature that doesn’t exist in every state. Under KRS 411.184, if the defendant’s conduct was grossly negligent, willful, or malicious, the jury can award punitive damages in addition to compensatory damages.
Who Receives the Recovery?
The recovery in a wrongful death case is distributed to the deceased person’s beneficiaries according to Kentucky’s intestacy statute (KRS 391.010) — typically the surviving spouse and children. If there are no surviving spouse or children, the recovery passes to other heirs in the statutory order.
The Statute of Limitations
The deadline for filing a wrongful death action in Kentucky is the earlier of one year from the appointment of the personal representative, or two years from the date of death. KRS 413.180. This is a short window, and it’s particularly tricky because the clock can start running from the date a personal representative is appointed — which may happen quickly after death. If you’re considering a wrongful death claim, it’s important to consult a lawyer promptly.
If you’ve lost a loved one due to someone else’s negligence, I understand how difficult this time is. Call me at (859) 225-9540 or use the contact form.
Joseph D. Buckles is a civil litigation attorney at Buckles Law Office, PLLC in Lexington, Kentucky.
