WRONGFUL DEATH CASES ARE PROSECUTED BY A PERSONAL REPRESENTATIVE OF THE ESTATE.
by the Court to administer the estate of the person wrongfully killed.
Who gets to recover?
WHO GETS COMPENSATION FOR WRONGFUL DEATH?
In Kentucky compensation and recovery from wrongful death goes to the estate and is distributed after certain deductions. Distribution is in the manner set out in the statute KRS 411.130 (2).
The statute specifies where the proceeds of wrongful death go. 1st the Spouse, if there are children and spouse then 1/2 to Spouse and 1/2 to Children… if no spouse then all to children, if no spouse and no children then to parents 1/2 to each…and so on. The strict distribution order is mandated and can be found in the Kentucky Statute.
WHAT ARE THE DAMAGES IN A WRONGFUL DEATH LAWSUIT?
The damages in a wrongful death are for the loss of the decedent’s power to earn money.
The proceeds recovered in a wrongful death action do not pass through the estate of the decedent and are not subject to the debts of the decedent. the proceeds must be initially utilized to pay funeral expenses, administration costs, and recovery costs. Thereafter, the remaining proceeds pass directly to the next of kin as identified in KRS 411.130.
HOW LONG TO FILE A WRONGFUL DEATH CLAIM IN KENTUCKY?
Statute of limitations 1 year from the appointment of the personal representative, not to exceed two years from the date of death. is set out in KRS 413.180. wrongful-death claims fall within the purview of the limitations period established in KRS 413.140(1)(a) and must be commenced within one year after the cause of action accrues Under Kentucky law, a wrongful-death claim commences upon the appointment of a personal representative or no longer than two-years from the date of death.
LOSS OF CONSORTIUM
In Kentucky, parents of a wrongfully killed child can recover damages. Similarly, children of the wrongfully killed parents can recover damages.
KRS 411.145 “consortium” means the right to the services, assistance, aid, society, companionship and the conjugal relationship between husband and wife, or wife and husband.
The statute of limitation is different than the statute of limitations for wrongful death. See Potter v. Boland No. 2011–CA–001336–MR. KRS 413.140. An action for an injury to the person of the plaintiff, or of her husband, his wife, child, ward, apprentice, or servant;
Loss of consortium damages under KRS 411.145 does not cease at death.
Punitive damages can be recovered in Kentucky for Wrongful death. KRS 411.130 If the act was willful or the negligence gross, punitive damages may be recovered.
SURVIVAL ACTIONS- these actions can be brought for the pain and suffering of the person who was wrongfully killed. The pain and suffering are pain endured by the deceased before they died. KRS 411.133 allows recovery and joinder of the personal injury action of the person that died with the wrongful death action. Both actions can be brought by the personal representative of the decedent’s estate.