What Is a Survival Action Claim in Kentucky?
A survival action is a type of legal claim that allows the estate of a deceased person to pursue compensation for damages the individual could have recovered had they survived. Unlike a wrongful death claim, which focuses on the losses suffered by surviving family members, a survival action centers on the harm endured by the deceased before passing away. In Kentucky, these claims can cover medical expenses, pain and suffering, and lost wages between the time of injury and the person’s death.
Key Differences Between Survival Actions and Wrongful Death Claims
While both wrongful death and survival actions stem from negligence or misconduct, the beneficiaries and damages awarded differ:
- Survival action: Filed by the estate through the executor or administrator, with damages ultimately distributed according to the will or Kentucky’s intestacy laws.
- Wrongful death claim: Filed on behalf of surviving family members, such as a spouse or children, with damages compensating their personal losses.
- In many cases, both types of claims may be filed simultaneously, ensuring all damages are addressed.
Who Can File a Survival Action in Kentucky?
Under Kentucky law, only the personal representative of the deceased’s estate is permitted to bring a survival action. This representative is either named in the decedent’s will or appointed by the probate court if no will exists. The representative acts on behalf of the estate and is responsible for ensuring any awarded compensation is distributed properly.
Role of the Estate’s Personal Representative
The personal representative must:
- Initiate the claim within the statutory deadline.
- Gather evidence of the decedent’s injuries and financial losses.
- Work with attorneys, medical providers, and financial experts to establish damages.
- Ensure any recovery is allocated to the estate and distributed according to state probate laws.
Damages Available in a Kentucky Survival Action
The damages in survival actions are focused on what the deceased suffered or lost prior to death, rather than on the surviving family’s financial or emotional hardships. Examples include:
Medical Expenses
Costs for hospitalization, surgeries, medications, and other treatments related to the injury that ultimately led to death.
Pain and Suffering
Compensation for the physical pain and emotional distress the deceased experienced between the time of injury and death.
Lost Wages and Benefits
Income the deceased would have earned during the period of survival, as well as benefits such as health coverage or retirement contributions.
Property Damage
If the incident caused damage to personal property, such as a vehicle in an accident, these losses may be included.
Statute of Limitations for Survival Actions in Kentucky
Kentucky law sets strict deadlines for filing survival actions. Generally, these claims must be filed within one year from the date the personal representative is appointed, but no later than two years from the date of death. Missing this deadline can bar the estate from pursuing compensation. Because of the time-sensitive nature of these cases, acting quickly is essential.
Steps to File a Survival Action Claim in Kentucky
Step 1: Appointment of a Personal Representative
The probate court appoints a personal representative if the decedent did not have a will. This step is necessary before any claim can be filed.
Step 2: Investigating the Case
The representative or their attorney must collect medical records, accident reports, witness statements, and financial documentation to prove the extent of damages.
Step 3: Filing the Complaint
A formal complaint is filed in the appropriate Kentucky court, outlining the facts of the case, identifying responsible parties, and detailing the damages sought.
Step 4: Litigation and Settlement Negotiations
The case may proceed through discovery, depositions, and negotiations. Many survival actions are resolved through settlements, but some may require trial if liability or damages are disputed.
How Survival Actions Interact With Wrongful Death Claims
In Kentucky, survival actions and wrongful death claims can be filed together. For example, if someone is severely injured in a truck accident, spends weeks in the hospital incurring significant medical bills, and later passes away, the estate may pursue a survival action for the hospital expenses and pain suffered. Simultaneously, the family may file a wrongful death claim for funeral costs, loss of companionship, and lost future earnings. Together, these claims ensure that all losses are addressed.
Why Legal Representation Matters
Survival action claims are procedurally complex and require careful coordination with probate law. An attorney experienced in Kentucky survival actions can:
- Ensure the claim is filed within the statute of limitations.
- Accurately calculate damages, including intangible losses like pain and suffering.
- Navigate the probate process to protect the estate’s interests.
- Negotiate with insurance companies or defendants to pursue fair compensation.
Real-World Examples of Survival Action Cases in Kentucky
Kentucky courts have handled a range of survival action claims involving motor vehicle collisions, workplace injuries, medical malpractice, and nursing home neglect. For instance, cases involving extended hospitalization before death often highlight the importance of survival actions, since wrongful death claims alone would not cover the substantial medical expenses and suffering endured by the deceased. These examples underscore why pursuing both claims may be necessary to secure full justice.
Conclusion
Filing a survival action claim in Kentucky allows an estate to recover damages the deceased would have been entitled to had they lived, including medical costs, lost wages, and pain and suffering. These claims differ from wrongful death actions but often work in tandem to ensure all economic and non-economic losses are addressed. Because strict filing deadlines apply and probate rules add complexity, working with an experienced attorney can make the difference in successfully navigating the process and securing compensation for the estate.
Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help
Navigating a Kentucky survival action claim 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.