In Kentucky, wrongful death claims can be filed if “the death of a person results from an injury inflicted by the negligence or wrongful act of another.” Wrongful death claims, like survival actions, arise in a number of ways, including vehicle accidents, medical malpractice, intentional actions like gunshots or stabbings, premises liability incidents, defective product incidents, and more.
In the state of Kentucky, the personal representative, often referred to as the executor, of a deceased individual’s estate is responsible for filing a wrongful death claim. In the event there is no personal representative, then the court will appoint a person to act as a personal representative.
Wrongful death claims are designed so that surviving family members can recover various types of losses. This includes funeral and burial expenses, attorney’s fees, loss of companionship, loss of services, loss of future earnings the deceased would have provided, loss of inheritance, and more.