Wrongful Death Lawsuits in Kentucky
Who can bring a wrongful death claim in Kentucky, the deadline to file, and any limits on damages.
Short answer: The lawsuit must be brought by the personal representative of the person who died. After funeral expenses, administration costs and costs of recovery (including attorney fees), the money goes to family in this order: the surviving spouse alone if there are no children; KRS 411.130
| Who can sue for wrongful death | The lawsuit must be brought by the personal representative of the person who died. After funeral expenses, administration costs and costs of recovery (including attorney fees), the money goes to family in this order: the surviving spouse alone if there are no children; half to the spouse and half to the children if there are both; the children if there is no spouse; the parents if there is no spouse or child; and otherwise into the estate for more distant relatives. Source: KRS 411.130 |
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| Wrongful death deadline | The wrongful death statute itself does not state a filing deadline. Kentucky's one-year limit for personal injury actions applies to actions listed in KRS 413.090 to 413.160, and when a person dies, the personal representative may sue within one year after being appointed (qualified); if more than a year passes between the death and the appointment, the representative is treated as appointed on the last day of that one-year period. For deaths from motor vehicle accidents, the Motor Vehicle Reparations Act allows a tort action within two years after the death or the last no-fault benefit payment, whichever is later. How these sections combine for wrongful death comes from Kentucky court decisions; confirm the exact deadline for a specific case. |
| Damage caps | No. The Kentucky Constitution says the General Assembly has no power to limit the amount that can be recovered for injuries resulting in death or for injuries to person or property. Source: Ky. Const. § 54 |
More Kentucky personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Kentucky
- Medical Malpractice Rules in Kentucky
- Car Accident Claims in Kentucky
- Dog Bite Liability in Kentucky
- Sidewalk and Public Property Falls in Kentucky
- Motorcycle Accident Claims in Kentucky
- Pedestrian Accident Claims in Kentucky
- Bicycle Accident Claims in Kentucky
- Uber and Lyft Accident Claims in Kentucky
- Truck Accident Claims in Kentucky
- Construction Site Injuries in Kentucky
- All Kentucky personal injury & wrongful death rules
FAQ
Who can file a wrongful death lawsuit in Kentucky?
The lawsuit must be brought by the personal representative of the person who died. After funeral expenses, administration costs and costs of recovery (including attorney fees), the money goes to family in this order: the surviving spouse alone if there are no children; half to the spouse and half to the children if there are both; the children if there is no spouse; the parents if there is no spouse or child; and otherwise into the estate for more distant relatives.
How long do you have to file a wrongful death lawsuit in Kentucky?
The wrongful death statute itself does not state a filing deadline. Kentucky's one-year limit for personal injury actions applies to actions listed in KRS 413.090 to 413.160, and when a person dies, the personal representative may sue within one year after being appointed (qualified); if more than a year passes between the death and the appointment, the representative is treated as appointed on the last day of that one-year period. For deaths from motor vehicle accidents, the Motor Vehicle Reparations Act allows a tort action within two years after the death or the last no-fault benefit payment, whichever is later.
Does Kentucky cap damages in personal injury cases?
No. The Kentucky Constitution says the General Assembly has no power to limit the amount that can be recovered for injuries resulting in death or for injuries to person or property.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.