Wrongful Death

In Kentucky, a representative of the deceased estate can file a wrongful death claim on behalf of their surviving family members. While a personal representative files the actual claim damages are rewarded to the estate itself and family of the deceased. Damages can be recovered for:

• Funeral and burial expenses, these are paid directly to the estate
• Loss of companionship, care, and guidance, these are paid to surviving family members

Kentucky outlines how family members divide damages in the following order:

• If there are no children but a surviving spouse, full damages will be awarded to the spouse
• If there are children and a surviving spouse the damages are split between the spouse and children
• If there are children but not a spouse, full damages will be awarded to the children
• If there are no children and no spouse the deceased’s parents will receive the damages
• If there are no children, spouse, or parents the deceased’s estate will receive the damages. This will go to paying off any of the estate’s debt and to anyone left in the deceased’s will

In some cases, punitive damages can be recovered. Unlike other damages that seek to compensate for financial and emotional suffering, the purpose of punitive damages is to punish the negligent party and deter future negligent behavior. These types of damages are not often awarded and are usually determined based on the defendant’s wealth. Some states place limits, or caps, on how much can be awarded in damages. Kentucky, however, places no caps on damages.