Wrongful Death Law in Kentucky
An untimely death is never easy for a family to endure, regardless of how it occurs. Unfortunately, often people are killed due to the negligence, carelessness, recklessness, or even intentional conduct of others. When this happens, the victim’s close family members can pursue justice for their loved one in the civil courts by making a claim for wrongful death against the responsible parties. The wrongful death claim is asserted through the victim’s estate by its appointed representative, usually a close relative. The victim’s estate can pursue compensation for the victim’s medical expenses, any pain and suffering the victim endured before he or she passed away, and the destruction of the victim’s power to earn money for the rest of their normal life expectancy. Also, if the victim was married or had minor children, the surviving spouse and children can assert claims for loss of consortium (often legally defined as loss of services, assistance, aid, society, companionship, and conjugal fellowship). These claims are separate from the wrongful death claim, and they are intended to compensate the spouse or children left behind for their individual loss.
These claims, like many others, have strict statutes of limitations. While there may be exceptions in certain cases, wrongful death and loss of consortium claims in Kentucky generally must be filed in court within one year of the victim’s death. It is important that these claims be pursued promptly. If a close relative of yours has lost their life and you believe someone else to be responsible, contact the attorneys of Housman, Garatt, & Duncan, PLLC today for a free consultation.