Losing a loved one due to someone else's negligence is emotionally devastating—and often legally complex. In Kentucky, a wrongful death claim provides a pathway for the deceased's estate and family members to seek compensation. But what happens if the court's decision doesn't go your way? Can you challenge the outcome?
The short answer is yes—Kentucky law does allow appeals in wrongful death cases. However, appealing a decision is not a do-over of the trial. It's a technical legal process that examines whether the trial court made an error in applying the law. This article explains when and how you can appeal a wrongful death verdict in Kentucky, what limitations exist, and what to expect throughout the process.
What Constitutes a Wrongful Death Under Kentucky Law?
Kentucky defines wrongful death under KRS § 411.130, which states that if a person's death is caused by another party's negligence or misconduct, the personal representative of the estate may file a wrongful death claim. This representative typically acts on behalf of surviving family members, such as a spouse, children, or parents.
The lawsuit can seek damages for:
- Funeral and burial costs
- Lost income or benefits
- Loss of consortium or companionship
- Pain and suffering experienced before death (if a survival action is filed alongside)
While a successful verdict can bring financial relief and accountability, there are times when either the plaintiff or the defendant may wish to challenge the court's decision.
When Can a Wrongful Death Verdict Be Appealed?
An appeal can only be filed after a final judgment has been entered. In most wrongful death cases, this means the conclusion of a jury trial or bench trial where a judge issues a verdict.
You may be eligible to file an appeal if:
- The court misapplied or misinterpreted the law
- The jury received improper instructions
- Evidence was wrongly admitted or excluded
- There was misconduct by the opposing party or jurors
- The verdict is clearly unsupported by the evidence
An appeal is not an opportunity to introduce new evidence or retry the case. Instead, it focuses on legal errors that could have materially impacted the outcome.
Who Can File an Appeal?
In Kentucky, the personal representative of the deceased's estate is the party who initially files the wrongful death claim. That same representative—or their legal counsel—also has the authority to appeal a decision if they believe a legal error affected the judgment or award.
On the flip side, if the defendant loses the case, they may also file an appeal to challenge the judgment against them. Appeals can be filed regardless of whether the trial resulted in a full dismissal or a damages award that one party believes is improper.
How the Kentucky Appeals Process Works
Filing an appeal in a wrongful death case involves several procedural steps, and timing is critical. According to the Kentucky Rules of Civil Procedure, the notice of appeal must typically be filed within 30 days of the final judgment.
Here's how the general appeals process works:
- Notice of Appeal – The appealing party files a formal notice with the court that issued the decision.
- Preparation of Record – Trial transcripts, motions, exhibits, and rulings are compiled for review.
- Appellate Briefs – Both sides submit written arguments. The appellant outlines the alleged errors, while the appellee defends the original verdict.
- Oral Arguments (if scheduled) – The parties may present their positions to a panel of judges.
- Decision Issued – The appellate court reviews the materials and issues a written opinion. It may affirm, reverse, or remand the case for further proceedings.
These appeals are typically handled by the Kentucky Court of Appeals, though certain cases may proceed directly to the Kentucky Supreme Court—particularly if they involve constitutional issues or matters of broad public interest.
Possible Outcomes of an Appeal
Appeals do not always result in reversals. In fact, appellate courts generally give deference to the trial court's findings unless there is a clear legal mistake.
Possible outcomes include:
- Affirmation – The original verdict stands.
- Reversal – The appellate court overturns the verdict and may dismiss the case or modify the outcome.
- Remand – The case is sent back to the trial court for a new trial or further proceedings under corrected legal guidance.
It's worth noting that appeals can take several months to over a year to resolve, depending on the complexity of the case and the appellate court's docket.
How Appeals Differ From Post-Trial Motions
Before filing an appeal, the losing party may file a motion for a new trial or a motion to alter or amend the judgment. These motions are submitted to the same court that handled the original trial and must typically be filed within 10 days of the final judgment.
While not required, filing such a motion can preserve certain legal arguments for the appellate court and may lead to a quicker resolution if the judge agrees to correct the error.
Appealing a Settlement: Is It Possible?
If a wrongful death case settles before going to trial, it generally cannot be appealed. Settlements are binding agreements voluntarily entered by both parties. Unless there's evidence of fraud, coercion, or misrepresentation, courts will not disturb a properly executed settlement agreement.
However, if a judge approved the settlement (as is often required when minors are involved), there may be limited avenues to contest that approval—but these are rare and difficult to pursue.
The Role of Legal Counsel
Appealing a wrongful death verdict requires a nuanced understanding of Kentucky civil procedure, evidentiary rules, and appellate standards. A successful appeal hinges not just on proving that an error occurred, but on showing that the error likely affected the outcome. This is a high bar to meet.
Working with an attorney experienced in wrongful death litigation and appeals is essential to preserving your rights and maximizing your chances of success. From evaluating whether an appeal is appropriate to preparing persuasive briefs, legal counsel can guide you through each step of this challenging process.
Conclusion
While a Kentucky wrongful death case can offer closure and compensation, not every outcome is fair—or legally sound. Fortunately, state law allows parties to appeal a verdict if there are solid grounds to believe the court made a significant legal error. Appeals are highly procedural and not guaranteed to succeed, but for some families, they offer a vital second chance at justice.
Call Brandon J. Broderick for Legal Help
Navigating Kentucky wrongful death claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers 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.