What is the Kentucky Statute of Limitations for Wrongful Death Claims?

A statute of limitations sets a specific deadline for when a lawsuit must be filed in court. The ability to pursue legal action is forfeited if this deadline is missed. This can happen regardless of how strong your case might be. This principle applies to wrongful death claims.

Wrongful death claims in Kentucky are governed by specific statutes that outline:

• who can file a claim
• under what circumstances
• and most importantly, within what time frame.

Hiring a lawyer who understands Kentucky’s statute of limitations for wrongful death claims is essential for any family dealing with the loss of a loved one under tragic circumstances.

The Basics of a Wrongful Death Claim in Kentucky

Before diving into the specifics of the statute of limitations, it is important to understand what constitutes a wrongful death claim in Kentucky. According to Kentucky Revised Statutes (KRS) Chapter 411.130, a wrongful death occurs when someone’s death results from the negligent or wrongful act of another party. This can happen in various contexts, including:

• Car accidents caused by reckless driving or DUI.
• Medical malpractice by a healthcare provider.
• Defective products that cause fatal injuries.
• Premises liability cases, such as falls or accidents caused by unsafe property conditions.
• Criminal acts, such as homicide or assault.

Wrongful death lawsuits allow certain family members or a representative of the deceased’s estate to seek compensation for their loss.  This includes medical and funeral expenses, lost wages, and pain and suffering. These claims are subject to a strict statute of limitations.

Kentucky’s Statute of Limitations for Wrongful Death Claims

In Kentucky, the statute of limitations for personal injury claims is generally one year from the date of the injury. However, in Kentucky wrongful death cases, the statute of limitations is generally one year from the qualification of the personal representative for the decedent’s estate but not to exceed two years after the date of death.

The Role of the Personal Representative

Kentucky law requires that a wrongful death claim be filed by the personal representative of the deceased’s estate. This person is typically appointed by the probate court and is responsible for managing the estate’s affairs.  This includes pursuing legal claims. The one-year statute of limitations period generally does not begin until the personal representative has been appointed.

For example, if the personal representative is appointed six months after the deceased’s death, the one-year clock begins ticking from that point. In other words, the statute of limitations for wrongful death in Kentucky can effectively be extended in some circumstances, depending on how long it takes to establish the estate.

Survival Actions

In some cases, there may be an additional cause of action known as a survival action, which allows the estate to recover damages for the pain and suffering the decedent experienced before death. Survival actions compensate for the injuries the decedent sustained before dying. However, it does not include actions for slander, libel, criminal conversation, and so much of the action for malicious prosecution as is intended to recover for the personal injury.

The statute of limitations for survival actions in Kentucky is different from wrongful death claims. KRS 413.140 outlines a one-year statute of limitations for personal injury actions, including survival claims. Importantly, this one-year period begins at the time of the injury, not the time of death. This can lead to two different time limits for filing a lawsuit:

• One for the wrongful death claim
• and another for the survival action.

Exceptions and Special Circumstances

Like many legal rules, there are exceptions to Kentucky’s statute of limitations for wrongful death claims. Hiring the best wrongful death lawyer who understands these exceptions is important to ensure that the claim is filed promptly. The following are some notable exceptions and special circumstances that may affect the filing deadline:

Wrongful Death Cases Involving Government Entities

If the wrongful death claim involves a government entity or employee, such as in a case where a public official or government agency is at fault for the death, the statute of limitations may be shorter.

Medical Malpractice Cases

Kentucky law provides for a one-year statute of limitations under KRS 413.140 if the wrongful death claim arises from medical malpractice. However, the clock does not start until the injured party discovers or should have reasonably discovered the injury caused by the malpractice. This is known as the “discovery rule.” In the context of a wrongful death claim, the discovery rule may affect when the statute of limitations begins if the family was not immediately aware that malpractice played a role in the death.

Delayed Discovery of the Cause of Death

In some cases, the cause of death may not be immediately apparent. If it is later discovered that the death resulted from another party’s negligence or wrongdoing (such as in cases involving toxic exposure, defective products, or hidden medical errors), the statute of limitations may be extended based on when the family learned of the cause of death.

Importance of Filing Within the Statute of Limitations

Failing to file a wrongful death lawsuit within the statute of limitations can have serious consequences. Kentucky courts are generally strict about adhering to the statute of limitations, which makes it essential to act promptly. It is always advisable to consult with an experienced Kentucky wrongful death attorney who specializes in wrongful death cases.  This ensures that the lawsuit is filed in a timely manner and that all legal requirements are met.

Call Stein Whatley Astorino, PLLC, to determine if you and your family are entitled to compensation following the loss of a loved one in a fatal accident. Our best Louisville wrongful death lawyers are available to answer your questions. Serious Attorneys. Serious Results.

502.553.4750. The initial consultation is free and confidential.