When a child dies due to someone else’s negligence, parents may be entitled to pursue wrongful death benefits under Kentucky law. Here’s what families need to know.
Who Can File a Wrongful Death Lawsuit in Kentucky?
Primary Legal Standing Lies With the Estate
In Kentucky, the right to file a wrongful death claim belongs to the personal representative of the deceased’s estate—not directly to the parents or next of kin. This representative is usually named in the decedent’s will, or appointed by the court if none exists.
How Parents May Still Recover Compensation
Although parents may not be the ones to file the lawsuit, they can be eligible to receive compensation from the resulting settlement or verdict—especially if the deceased was a minor or had no surviving spouse or children. The structure of distribution is governed by Kentucky Revised Statutes (KRS) 411.130.
Wrongful Death of a Minor Child in Kentucky
When Parents Can Sue Directly
In the case of a minor child, Kentucky law makes an exception. Parents may bring the wrongful death claim themselves if the child was under the age of 18 and not legally emancipated. If the parents are divorced or separated, the court may determine how damages are divided, often proportionate to the level of support and involvement each parent provided.
What If One Parent Is Deceased or Absent?
If only one parent survives or holds custody, that parent typically has the right to bring the claim on behalf of the minor. However, if both parents are alive but disagree on how to proceed, the court may intervene to resolve the dispute.
Types of Compensation Parents May Receive
Economic Damages
Parents may recover financial losses resulting from the child’s death, which can include:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Loss of future earnings (particularly in older minors or young adults)
Non-Economic Damages
These account for the emotional toll of losing a child and may include:
- Mental anguish
- Loss of companionship
- Loss of affection and guidance
In Kentucky, these types of damages are subject to judicial discretion and may vary significantly based on the circumstances.
What If the Deceased Was an Adult Child?
Role of the Estate
If the child was 18 or older, the estate files the wrongful death claim. In this scenario, parents are only eligible to receive damages if the decedent was unmarried and had no children. The order of distribution typically follows this structure:
- Surviving spouse and children
- Parents (if no spouse or children)
- Siblings or other next of kin (if no spouse, children, or parents)
Limited Parental Claims for Adult Children
Even when a parent is next in line, Kentucky courts may limit non-economic damages for adult children, especially if the parent and child had little contact. Courts examine the nature of the relationship when awarding compensation for emotional losses.
Punitive Damages in Kentucky Wrongful Death Cases
Available in Cases Involving Gross Negligence or Misconduct
Punitive damages—intended to punish the wrongdoer rather than compensate the family—can be awarded in addition to economic and non-economic damages. These are only available if the defendant’s actions were reckless, wanton, or intentional.
Who Receives Punitive Damages?
In Kentucky, punitive damages awarded in wrongful death cases go directly to the estate and are distributed according to the same statutory order as other damages. Parents may receive a share if they’re next of kin.
Statute of Limitations for Wrongful Death in Kentucky
One Year From Appointment of Representative
Kentucky imposes a strict timeline: the wrongful death lawsuit must generally be filed within one year from the date the estate’s personal representative is appointed—but no more than two years from the date of death.
Shorter Deadlines for Government Claims
If the liable party is a city, county, or other public entity, additional notice requirements and shorter deadlines may apply. Parents pursuing wrongful death claims in these cases should seek legal guidance immediately to avoid missing their window to file.
Special Circumstances: Criminal Charges and Civil Lawsuits
Criminal Case vs. Civil Wrongful Death
A criminal prosecution for homicide does not automatically lead to a civil wrongful death case—but both may occur. Even if the defendant is acquitted criminally, parents can still pursue civil compensation under a lower burden of proof.
No Double Compensation
If restitution is ordered in a criminal case, those funds may be deducted from the civil award. However, civil cases often provide a broader range of compensation than the criminal court system.
The Importance of Legal Representation
Wrongful death cases involving a child are emotionally and legally complex. Parents often face challenges around:
- Proving negligence
- Documenting the depth of loss
- Navigating estate law and damages distribution
Having experienced legal representation ensures that all eligible avenues of recovery are explored and the parents’ rights are protected, especially in high-stakes cases involving multiple claimants or defendants.
Conclusion
While Kentucky law gives the estate primary authority to file wrongful death claims, parents of deceased children—especially minors—can still pursue and recover significant compensation. Whether filing a claim directly or as a beneficiary through the estate, it’s essential for parents to understand their legal rights and act quickly. The emotional burden of losing a child can be overwhelming, but a well-handled wrongful death claim can offer some measure of justice and financial relief in the aftermath.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Kentucky Wrongful Death Claims can be challenging. Fortunately, you don't need to do it alone. The experienced attorneys at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.