Filing a wrongful death claim in Kentucky

Losing a loved one in a tragic accident can be devastating to the surviving family members. While in most situations when a victim suffers harm due to another person’s negligence, but survives, they are able to sue the responsible party for their damages, in a wrongful death the victim is no longer capable of advocating for their own rights. It is therefore through a wrongful death claim that losses associated with the victim’s death may be pursued and for the benefit of their surviving relations.

Wrongful death lawsuits in Kentucky must be filed within one year of incident that led to the victim’s death. They may be filed by the personal representative of the victim on behalf of the victim’s survivors. A personal representative may be someone named by the deceased party in the estate planning documents. Individual family members generally may not directly file lawsuits for wrongful deaths in Kentucky courts.

There are a variety of damages that a personal representative may request when filing a wrongful death claim. Damages related to the decedent’s pre-death care, funeral costs and other expenses may be pursued, as may sums related to the loss of their income in support of their dependents. Wrongful death claims may also include punitive or deterrence-based damages may also be requested to discourage others from engaging in similarly negligent conduct.

Wrongful death claims can be emotionally difficult and legally complex. When a loved one perishes in a preventable Kentucky accident, their loved ones and personal representatives may wish to learn more about how to recover some of their extensive damages. While no lawsuit can bring back the love of a lost relative, a wrongful death claim may help a family move on after suffering the loss of one of their own.