Kentucky state law allows the family members of a person who was killed due to another person’s negligence to pursue compensation through a wrongful death lawsuit. The lawsuit, which is essentially a personal injury lawsuit that the deceased person would have been allowed to bring if they had survived their injury, can be brought on the deceased person's behalf seeking compensation for funeral and burial expenses, the lost ability of the decedent to earn income, any pre-death pain and suffering or mental anguish, and for medical bills incurred prior to death.
In Kentucky, only the personal representative, which is either the administrator or executor of the probate estate, can bring a wrongful death action. This person does not have to be related to the decedent but must be appointed in the probate action.
If the deceased person left behind a surviving spouse but no children, the spouse receives the entire damages award. If there is a surviving spouse and children, the award is split equally among them. If there is no surviving spouse or children, the award goes to the victim’s parents. In the absence of all of these relations, the damages award goes to the deceased person’s estate.
In particularly egregious cases involving intentional or grossly negligent conduct, punitive damages may also be awarded to punish the wrongdoer and deter future misconduct.
In Kentucky, the statute of limitation is one year from the date of appointment of the administrator or executor, but never more than two years from the date of death. It is critical to contact a lawyer as soon as possible to avoid losing your opportunity to seek compensation for your loss.
If you have further questions about wrongful death lawsuits, we encourage you to contact Goeing Goeing & McQuinn PLLC to schedule a complimentary consultation. Our compassionate Lexington wrongful death attorneys are prepared to answer your questions and help you take action. While we understand that no amount of money can ever make up for the person you have lost, it can at the very least help your family recover from unexpected financial burdens. Let us help you and your family obtain justice.
Tell us about your case when you call (859) 253-0088.