Kentucky law allows the personal representative of the deceased's estate to file a wrongful death lawsuit. This party is usually named in the decedent’s will. In the absence of a will, the court will appoint someone to fulfill the necessary duties.
Once the personal representative has been appointed, he or she can file a wrongful death lawsuit on behalf of the estate and surviving family members. The damages recovered in a successful action are typically distributed to the deceased person's surviving spouse, children, and/or parents, depending on who survives them.