If you have had the terrible experience of losing a loved one due to someone else’s negligence, you may have some legal recourse in Kentucky. According to state laws, you have one year from the date of death to file a wrongful death lawsuit as long as you have been named by a court to be the personal representative to the decedent’s estate. Only the person who has been appointed can file the suit on behalf of the spouse, children or parents of the deceased.

There are several types of damages that can stem from a wrongful death claim, including the cost of funeral and burial expenses as well as the cost of filing a lawsuit. Additionally, a claim can seek compensation for the loss of guidance, companionship, care and support of the deceased.

The Kentucky law that defines wrongful death outlines the way in which any damages recovered will be distributed. For example, the damages associated with funeral and burial expenses as well as the cost of filing a wrongful death claim will go toward the decedent’s estate. The other damages will be given to surviving family members in the following order: 

  •        The surviving spouse of a decedent with no children will receive the entire award.
  •        When the decedent leaves behind a spouse and children, the award will be split equally.
  •        If there is no surviving spouse but the decedent does have surviving children, the children will receive the entire award.
  •        When there is no surviving spouse or children, then the decedent’s parents receive the award.

In matters in which there are is no spouse, children or parents, the estate will receive the damages.

While this information may be useful, it should not be taken as legal advice.

No Comments

Leave a comment
Comment Information
    • Super Lawyers
    • Distinguished(TM) AV | LexisNexis - Martindale-Hubbell - Peer Review Rated - For Ethical Standard and Legal Ability
    • Million Dollar Advocates Forum
    • ABA Defending Liberty Pursuing Justice
    • Super Lawyers
    • Distinguished(TM) AV | LexisNexis - Martindale-Hubbell - Peer Review Rated - For Ethical Standard and Legal Ability
    • Million Dollar Advocates Forum
    • ABA Defending Liberty Pursuing Justice
EMAIL US FOR A RESPONSE

How Can We Help?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Pikeville Office
110 Caroline Avenue
P.O. Box 231
Pikeville, KY 41501

Toll Free: 866-606-4316
Phone: 606-262-4551
Fax: 606-437-0021
Map & Directions

Hazard Office
941 North Main Street
Suite 202
P.O. Box 359
Hazard, KY 41702

Toll Free: 866-606-4316
Phone: 606-262-4551
Fax: 606-437-0021
Map & Directions

Lexington Office
2265 Executive Drive
P.O. Box 55106
Lexington, KY 40505

Toll Free: 866-606-4316
Phone: 606-262-4551
Fax: 606-437-0021
Map & Directions

Louisville Office
9300 Shelbyville Road
Ste. 609
Louisville, KY 40222

Map & Directions