How Long After a Wrongful Death Can You File a Claim in Kentucky?

One of the most challenging areas of life is navigating the death of a close family member, especially when someone else may have caused it. In Kentucky, you have to act quickly to make critical decisions. 

There are strict time limitations so call an attorney for discussion.

Because there is not much time, working with a wrongful death attorney in Lexington can be a critical investment for your future.

The Statute of Limitations in Kentucky for Wrongful Death

Kentucky law places strict deadlines on when a wrongful death claim can be filed, but the exact time limits can vary depending on the details of the case. Factors such as how and when the death occurred, the appointment of a personal representative, and other procedural steps can all affect the filing period.

Because these timelines are complex and often shorter than people expect, it’s critical to act quickly. An experienced Lexington wrongful death attorney can review your situation, determine how the statute of limitations applies, and ensure that all necessary steps are taken before important deadlines expire.

Please, even if you aren’t sure whether or not you have a valid claim, contact a member of our team so we can assist you with the proper decision-making. 

What to Know About Survival Actions

In some situations, survival action may apply. This allows the estate to seek damages for the pain and suffering that the decedent experienced prior to their death. It may also seek out other damages the person suffered prior to the death, or damages they would likely have recovered if they survived the accident. 

Exceptions to the Wrongful Death Rules

There are some situations where filing a lawsuit against an at-fault party may seem impossible to do so quickly. There are some exceptions where the court will extend this time.

For example, in a medical malpractice claim, the statute of limitations begins upon discovery of the malpractice. This discovery rule means that if you do not learn that a doctor, nurse, or hospital caused a person’s injury for some time, the statute of limitations can be extended.

In situations where there is some other reason why the cause of death was delayed, such as pending a long investigation, that can also lead to an extension of the statute of limitations. For example, if you learn that your loved one died as a result of toxic exposure at work, but it takes months to determine that, this limitation may be extended.

Your Lawyer Can Help You Navigate the Process

At Gary C. Johnson P.S.C., our wrongful death lawyer will fight for your loved one to get justice. We encourage you to act quickly to allow us to take that action in a timely manner. Contact us today to schedule a free consultation.