Wrongful Death Attorneys
When negligence takes a life, Kentucky law holds the responsible party accountable. We recover maximum compensation for grieving families.
When someone’s negligence takes a life, Kentucky law gives surviving family members the right to hold the responsible party accountable. Under KRS 411.130, a wrongful death claim can be brought by the personal representative of the deceased person’s estate on behalf of surviving family members. Motor vehicle crashes — including wrongful death car accident cases and general car accidents, truck crashes, and motorcycle collisions — are the leading cause of wrongful death claims in Kentucky. If you lost someone because of another person’s recklessness, Sam Aguiar Injury Lawyers will hold them accountable.
Kentucky’s Wrongful Death Statute: KRS 411.130
KRS 411.130 is the foundation of every wrongful death claim in Kentucky. The statute establishes who can bring the claim, who can recover, and what categories of damages are available. Here are the key provisions:
Who Can File a Wrongful Death Claim
Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit in Kentucky. This is typically the executor named in the person’s will. If there is no will, the court appoints an administrator. The personal representative files the claim on behalf of the surviving beneficiaries — they are not suing for their own benefit alone, but for all eligible survivors.
Who Can Recover Damages
Under KRS 411.130(2), wrongful death damages are distributed to the surviving spouse and children of the deceased. If there is no surviving spouse or children, the damages pass to the deceased’s parents. If there are no parents, the damages go to other kindred (relatives) in the order established by Kentucky’s intestate succession laws.
How Damages Are Distributed
The distribution of wrongful death damages in Kentucky follows a specific order:
- 50% to the surviving spouse, 50% to the children — if both exist
- 100% to the surviving spouse — if there are no children
- 100% to the children — if there is no surviving spouse
- To the parents — if there is no spouse or children
- To other kindred — if there is no spouse, children, or parents
Wrongful Death vs. Survival Action
Kentucky law recognizes two separate claims when someone is killed by another’s negligence. A wrongful death claim compensates the survivors for their losses — lost financial support, loss of companionship, and funeral expenses. A survival action under KRS 411.120 compensates the deceased’s estate for the pain and suffering the deceased experienced between the injury and death. Both claims can be — and usually are — pursued simultaneously. Learn more about the difference in our breakdown of survival actions vs. wrongful death.
Motor Vehicle Crashes: The Leading Cause of Wrongful Death in Kentucky
The Kentucky State Police Crash Facts report documented 814 traffic fatalities in 2023 — an increase from 763 the prior year. These deaths span every type of motor vehicle crash:
(KSP Crash Facts)
(KSP Crash Facts)
(KY Office of Highway Safety)
Every one of these fatalities may give rise to a wrongful death claim when another party’s negligence or recklessness caused the crash. The most common motor vehicle wrongful death scenarios include:
- Drunk or impaired driving crashes: When a driver under the influence kills another motorist, pedestrian, or motorcyclist
- Commercial truck crashes: When a truck driver or trucking company violated federal safety regulations and caused a fatal collision
- Speeding and reckless driving: High-speed crashes on Louisville’s interstates and highways that kill drivers, passengers, or bystanders
- Distracted driving deaths: When a driver texting or using a phone kills another person on the road
- Pedestrian and cyclist fatalities: Drivers who fail to yield, speed through crosswalks, or run red lights — killing pedestrians or cyclists
- Motorcycle fatalities: Left-turn collisions and lane-change crashes that kill riders
Damages Available in a Kentucky Wrongful Death Case
KRS 411.130 provides for several categories of compensation:
- Funeral and burial expenses: All costs associated with the funeral, burial, or cremation
- Medical expenses before death: Emergency treatment, hospitalization, and other medical costs incurred between the injury and death
- Lost financial support: The income and financial contributions the deceased would have provided to their family over their remaining working life
- Loss of companionship, guidance, and consortium: The emotional and relational losses suffered by the surviving spouse and children
- Loss of parental guidance: For children who lost a parent — the value of the guidance, nurturing, training, and education the parent would have provided
- Pain and suffering of the deceased: Recovered through the companion survival action for the conscious pain the deceased experienced between the injury and death
- Punitive damages: When the death was caused by gross negligence, reckless conduct, or intentional wrongdoing — punitive damages punish the defendant and deter similar conduct
Kentucky does not cap compensatory damages in wrongful death cases. The full scope of the family’s loss — financial, emotional, and relational — is recoverable.
The Statute of Limitations for Wrongful Death in Kentucky
Under KRS 413.180, a wrongful death lawsuit must be filed within one year from the date of death — or within one year of the appointment of the personal representative, whichever is later. This is a shorter window than the two-year statute for personal injury claims, which makes early action critical.
If the appointment of a personal representative is delayed, the clock adjusts — but the overall timeframe remains tight. Contacting an attorney promptly after a loved one’s death ensures the claim is filed on time and that critical evidence (crash scene data, vehicle black box recordings, witness statements) is preserved.
Wrongful Death From Workplace and Other Causes
While motor vehicle crashes are the leading cause of wrongful death claims, Kentucky’s statute applies equally to deaths caused by:
- Workplace accidents: Construction falls, industrial equipment failures, and occupational safety violations
- Premises liability: Fatal falls, fires, or structural failures on someone else’s property
- Medical negligence: Surgical errors, misdiagnosis, medication errors, and hospital-acquired infections
- Defective products: Vehicles, machinery, medications, or consumer products with dangerous defects
- ATV and recreational vehicle crashes: ATV accidents on private property or public trails
If your loss happened in Central Kentucky, we also handle Elizabethtown and Lexington wrongful death cases under the same statute.
No amount of money replaces the person you lost. But holding the responsible party accountable — and securing financial stability for your family — matters. At Sam Aguiar Injury Lawyers, our Bigger Share Guarantee® means your family keeps more of every dollar recovered. You pay nothing unless we win, and our Bigger Share Guarantee® means your family always takes home more. $0 Out-Of-Pocket. No matter what.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Kentucky?
Only the personal representative of the deceased person’s estate can file. This is typically the executor named in the will, or a court-appointed administrator if there is no will. The personal representative files on behalf of surviving family members — the spouse, children, parents, or other kindred — as specified in KRS 411.130.
How long do I have to file a wrongful death claim in Kentucky?
One year from the date of death or one year from the appointment of the personal representative, whichever is later, under KRS 413.180. This is shorter than the two-year statute for personal injury claims. Early action is critical to preserve evidence and meet the filing deadline.
What damages can be recovered in a Kentucky wrongful death case?
Funeral and burial expenses, medical costs before death, lost financial support, loss of companionship and consortium, loss of parental guidance for children, pain and suffering of the deceased (through a survival action), and potentially punitive damages if the death was caused by gross negligence or recklessness. Kentucky does not cap compensatory damages.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the surviving family for their losses — lost financial support, companionship, and funeral expenses. A survival action compensates the deceased’s estate for the pain and suffering the deceased experienced between the injury and death. Both can be pursued simultaneously in the same lawsuit.
Can I file a wrongful death claim if my loved one was partially at fault for the crash?
Yes. Kentucky’s pure comparative fault system means the recovery is reduced by the deceased’s percentage of fault — but it is not eliminated. If the deceased was 10% at fault and total damages are $1,000,000, the estate can still recover $900,000. Insurance companies aggressively try to shift blame to the deceased, so strong evidence is critical.
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