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
(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.