Losing a loved one is even more heartbreaking when someone else’s actions caused their premature death. In Kentucky, certain people have the legal right to seek compensation through a wrongful death claim. This type of claim holds the responsible party accountable for their actions.
Who has the right to file?
Kentucky law gives the personal representative of the deceased person’s estate the right to file a wrongful death claim. The deceased person may have named this person in a will to handle their legal and financial matters. If there is no will, the court will appoint someone, often a close family member.
How is compensation distributed?
Even though the personal representative files the claim, the compensation from the case goes to the deceased’s family, and Kentucky law has specific rules about the process:
- If the deceased had a spouse but no children, the spouse receives all the compensation.
- If the deceased had both a spouse and children, they share the compensation equally.
- If there are children but no spouse, the children receive all the compensation.
- If the deceased had no spouse or children, the money goes to their parents.
- If none of these relatives are alive, the money becomes part of the deceased’s estate.
There is one exception to these rules. If the wrongful death claim includes punitive damages, those funds go directly to the estate. The estate then follows Kentucky’s inheritance laws to distribute the money.
What is the time limit for filing?
The personal representative usually has one year from the date of appointment to file the claim. If the probate court is unable to appoint a personal representative within a year of the death, the deadline becomes two years from the date of death. Missing the deadline can result in losing the right to seek compensation.
Families dealing with wrongful death should act quickly to protect their rights. Understanding who can file and the distribution of compensation can help families make informed decisions.