A "Wrongful Death" in Kentucky is defined as "the death of a person (that) results from an injury inflicted by the negligence or wrongful act of another." An injury that causes death may be inflicted by the negligence or wrongful act of another human being or by an entity like a corporation.

 

In Kentucky, your families time to make a claim for Wrongful Death is likely limited to one year from the date of incident, but before the claim can be adequately filed the probate court must name or appoint a personal representative for the deceased person's estate. The personal representative is then responsible for bringing the wrongful death claim to court.

 

Many times in the instances where a Wrongful Death occurs (DUI, Intentional Acts, reckless driving...) there may be both a criminal and civil proceeding. Our firm will prosecute  the civil case, in which liability is expressed solely in terms of money damages.  A criminal case is filed by the state or local prosecutor, and guilt is punished with jail or prison time, fines, probation, or other penalties. IEven if a criminal case is filed, however, the personal representative must file a separate wrongful death case in order to obtain damages for the wrongful death.

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Although the personal representative must file the wrongful death claim in Kentucky, damages in the wrongful death case are distributed not only to the estate, but also to certain family members who survive the deceased person.

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Types of incidents that could lead to a claim for Wrongful Death, include, but are not limited to the following:

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• Car accidents caused by a negligent, reckless, or impaired drivers and resulting in death;

• Nursing home patient abuse or neglect resulting in death;

• Product malfunction or product liability resulting in death;

• A reckless or careless act (gun safety);

• An unprotected poorly maintained or secured swimming pool; and

• Medical malpractice resulting in death.