Losing a loved one in a sudden accident is an incredibly difficult time for families. On top of grief and frustration, they may be dealing with their loved one’s medical bills, loss of income and support, and uncertainty about their future. While nothing can change what happened, families may be eligible to recover compensation with a wrongful death claim if negligence or a wrongful act led to their loved one’s tragic passing.
The Kentucky wrongful death statute of limitations sets a strict time limit on when qualifying parties can file their case in court. Missing this deadline could mean forfeiting the right to claim financial relief for their losses and suffering. Our team explains the statute of limitations and how it can affect your wrongful death claim in Kentucky.
Kentucky’s Statute of Limitations for Wrongful Death Claims
The wrongful death statute of limitations in Kentucky is generally one year from the date of the person’s death or when someone is appointed to represent the deceased person’s estate—not to exceed two years after the date of death.
This one-year deadline applies to the initiation of a wrongful death lawsuit, not to reaching a final resolution. If the statute of limitations expires before filing your wrongful death claim, your case will likely be dismissed, and you will lose the chance to pursue legal action for your loved one’s death.
Although one year might seem like a long time, it can go by very quickly, especially when dealing with the aftermath of your loss. To avoid missing the deadline, speak with a wrongful death attorney about your rights and options. A lawyer can answer your legal questions and help you navigate the complexities of a wrongful death claim.
Who Can File a Wrongful Death Claim in Kentucky
While other states allow individual family members to bring a wrongful death case, Kentucky requires a designated personal representative of the deceased’s estate to file the lawsuit. The probate court will appoint a representative, which may be a spouse or other family member named in the decedent’s will, to manage the estate’s legal affairs, including civil claims for wrongful death.
If an executor is not expressly named in the person’s will or an official will does not exist, the court will appoint an administrator to handle the probate process. This person acts on behalf of all eligible beneficiaries, which may include a surviving spouse, children, or parents.
The reasoning behind appointing a representative is to maintain an orderly and fair process and to avoid disputes that can arise within complex family dynamics. If a surviving spouse or family member is named the estate’s representative, these cases are carefully reviewed by Kentucky courts.
Exceptions to the Wrongful Death Deadline
While the one-year statute of limitations applies to most wrongful death cases in Kentucky, there are some exceptions to this deadline, including:
Cases Involving the Government
If a government entity or employee is liable for your loved one’s death, filing a wrongful death claim typically involves another step with a very strict deadline. In most cases, you must file a formal notice of claim with the government agency within 30 days or risk being barred from recovery. Because these rules can vary, it is important to speak with a lawyer immediately to avoid missing a required notice period.
Discovery Rule
In some cases, the cause of death is not immediately apparent. Under the discovery rule, the clock on the one-year deadline doesn’t start ticking until the negligent act that led to the death is discovered or should have been reasonably discovered.
Delayed Appointment of a Representative
In some cases, the court does not appoint an estate representative right away. If this happens, you have until two years after your loved one’s death to file a wrongful death claim—rather than just one year.
It’s also important to note that pending criminal charges do not affect your wrongful death claim timeline. Criminal cases are separate from your civil case, so it’s crucial to act quickly when bringing a lawsuit. Do not assume your filing deadline will be extended because a related criminal case is still ongoing.
How a Wrongful Death Lawyer Helps Families Through the Process
The sudden death of a family member can bring up a lot of questions and confusion about what to do next. Who is responsible for what happened, and how can you hold them accountable? Do you qualify to file a lawsuit, and what damages can you recover?
Working with a wrongful death lawyer means you have a trusted professional on your side who understands the laws and court procedures in Kentucky. They can provide answers, protect your rights, and handle every step of your claim, including:
- Conducting a full investigation to determine what led to your loved one’s death
- Gathering crucial evidence to prove liability and build your case
- Speaking with insurance company representatives on your behalf
- Filing necessary documents and managing important legal deadlines
- Identifying and valuing your damages to include in your claim
- Negotiating a fair settlement that reflects the full scope of your losses
- Taking your case to court when necessary
Understand Your Filing Deadline and Get the Support Your Family Deserves
Filing a wrongful death claim without legal support can be overwhelming for grieving families. It can also leave you vulnerable to unfair tactics that insurance companies use to pay the least amount possible for your claim. However, you do not have to go through this alone.
At Lawrence & Associates Accident and Injury Lawyers, LLC, we understand the challenges you’re facing, and we’re here for you and your family throughout the claims process. Our experienced Kentucky wrongful death lawyers can guide you on what to do—and what to avoid—so you don’t unintentionally harm your case.
Call (859) 251-3045 today for a free, confidential consultation or fill out our online form to get started. Let us fight for the compensation you deserve while you focus on your family.
