The Louisville wrongful death attorneys at the Karl Truman Law Office understand the challenges faced by families who lost a loved one due to the negligent or deliberately harmful act of another.
Our lawyers know there is no amount of money that can compensate for the loss of a family member, but we can help you and other survivors pursue the financial security you need to move forward with your lives. Please call us at (502) 222-2222 for your free case evaluation with one of our compassionate attorneys.
Kentucky Wrongful Death Laws
In Kentucky, both the state constitution and statutory law address wrongful death. The Constitution of the Commonwealth of Kentucky reads:
“Whenever the death of a person shall result from an injury inflicted by negligence or wrongful act, then, in every such case, damages may be recovered for such death, from the corporations and persons so causing the same.”
Kentucky Revised Statute 411.130 echoes the constitutional statement and adds that if “the act was willful or the negligence gross, punitive damages may be recovered.” Punitive damages are compensation awarded beyond actual damages as punishment to the defendant and to deter others from similar conduct.
Who Can Pursue a Wrongful Death Case in Kentucky?
Kentucky law states wrongful death action shall be taken by “the personal representative of the deceased.” This personal representative may be the executor indicated in the decedent’s will; if the deceased did not have a will, an administrator will be appointed.
This representative will also administer the distribution of damages to eligible parties in successful wrongful death cases. In Kentucky, wrongful death damages may be recovered by spouses and dependent children, including stepchildren and adopted children, as well as surviving parents and distant relatives if there are no immediate surviving family members.
Kentucky statutory law also details the order and amounts in which wrongful death damages are distributed.
Wrongful Death Damages
Compensation in Kentucky wrongful death lawsuits may include money for actual damages such as:
- Medical costs
- Funeral and burial expenses
- Loss of income
- Loss of benefits
In some circumstances, damages for pain and suffering and loss of companionship may also be recovered. As mentioned above, Kentucky wrongful death law also allows for the awarding of punitive damages if the act that resulted in wrongful death was deliberate or caused by gross negligence.
For additional information, please see our Questions about Wrongful Death page.
If you believe a family member’s death was the result of another’s negligence, please contact the Karl Truman Law Office today by calling (502) 222-2222 or completing the form on this page for your free case consultation. Our wrongful death lawyers welcome clients from the greater Louisville, Kentucky, and Jeffersonville, Indiana, areas.