Wrongful Death:

Kentucky

 411.130   Action for wrongful death  -- Personal representative to prosecute  --

Distribution of amount recovered.

(1) Whenever the death of a person results from an injury inflicted by the negligence or 

wrongful act of another, damages may be recovered for the death from the person 

who caused it, or whose agent or servant caused it. If the act was willful or the 

negligence gross, punitive damages may be recovered. The action shall be 

prosecuted by the personal representative of the deceased.

(2) The amount recovered, less funeral expenses and the cost of administration and 

costs of recovery including attorney fees, not included in  the recovery from the 

defendant, shall be for the benefit of and go to the kindred of the deceased in the 

following order:

(a) If the deceased leaves a widow or husband, and no children or their 

descendants, then the whole to the widow or husband.

(b) If the deceased leaves a widow and children or a husband and children, then 

one-half (1/2) to the widow or husband and the other one-half (1/2) to the 

children of the deceased.

(c) If the deceased leaves a child or children, but no widow or husband, then the 

whole to the child or children.

(d) If the deceased leaves no widow, husband or child, then the recovery shall 

pass to the mother and father of the deceased, one (1) moiety each, if both are 

living; if the mother is dead and the father is living, the whole thereof shall 

pass to the father; and if the father is dead and the mother living, the whole 

thereof shall go to the mother. In the event the deceased was an adopted 

person, "mother" and "father" shall mean the adoptive parents of the deceased.

(e) If the deceased leaves no widow, husband or child, and if both father and 

mother are dead, then the whole of the recovery shall become a part of the 

personal estate of the deceased, and after the payment of his debts the 

remainder, if any, shall pass to his kindred more remote than those above 

named, according to the law of descent and distribution.

History: Amended 1974 Ky. Acts ch. 89, sec. 1.  -- Recodified 1942 Ky. Acts ch. 208, 

sec. 1, effective October 1, 1942, from Ky. Stat. sec. 6.

 

 

411.133   Joinder of wrongful death and personal injury actions.

It shall be lawful for the personal representative of a decedent who was injured by reason 

of the tortious acts of another, and later dies from such injuries, to recover in the same 

action for both the wrongful death of the decedent and for the personal injuries from 

which the decedent suffered prior to death, including a recovery for all elements of 

damages in both a wrongful death action and a personal inj

 

 

411.135   Damages in action for wrongful death of minor.

In a wrongful death action in which the decedent was a minor child, the surviving parent, 

or parents, may recover for loss of affection and companionship that would have been 

derived from such child during its minority, in addition to all other elements of the 

damage usually recoverable in a wrongful death action.

 

 

411.137   Limitation on right to recover for wrongful death of child if parent has 

abandoned care and maintenance.

(1) A parent who has willfully abandoned the care and maintenance of his or her child 

shall not have a right to maintain a wrongful death action for that child and shall not 

have a right otherwise to recover for the wrongful death of that child, unless:

(a) The abandoning parent had resumed the care and maintenance at least one (1) 

year prior to the death of the child and had continued the care and 

maintenance until the child's death; or

(b) The parent had been deprived of the custody of his or her child under an order 

of a court of competent jurisdiction and the parent had substantially complied 

with all orders of the court requiring contribution to the support of the child.

(2) This section may be cited as Mandy Jo's Law.

 

 

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