Nursing Home Wrongful Death Claims in Kentucky
Kentucky law allows people to pursue damages for wrongful death in civil court. However, you must have legal standing to file a claim.
Although Kentucky ordinarily allows individuals, parents, and legal guardians to file personal injury lawsuits, it treats wrongful death cases differently. Unlike most other states, you can only file a wrongful death lawsuit in Kentucky if you are the deceased person’s appointed executor.
If your loved one did not have a will, or did not name anyone as an executor, then the court will appoint someone to the position.
Wrongful Death Cases With Extenuating Circumstances
Kentucky’s standard for establishing legal standing has some exceptions. You could still file a wrongful death claim without first being appointed the estate executor if:
The Importance of Establishing Standing
You may not be able to file nursing home wrongful death claims in Kentucky if you cannot first establish that you have the legal standing to do so. For most people, this means either consulting the deceased relative’s executor or petitioning the courts to appoint an estate representative.
If you do not establish standing before filing a wrongful death lawsuit, then the at-fault party and their legal counsel will inform the court that you are not entitled to bring a claim under Kentucky law. Your case will be dismissed, and you may lose your opportunity for justice.
The Burden of Proof in Nursing Home Wrongful Death Claims
When you file nursing home wrongful death claims in Kentucky, you will have to demonstrate that the at-fault party:
Kentucky does not currently cap the damages a person could recover in a wrongful death claim.
How Damages Are Distributed in Kentucky Wrongful Death Cases
According to our Louisville nursing home abuse attorney, anyone seeking to file nursing home wrongful death claims in Kentucky should understand that the state has different criteria for:
Ordinarily, wrongful death cases must be initiated by the estate executor. However, this does not necessarily mean that the executor will receive all or any of the awarded damages.
Kentucky law instead specifies that the decedent’s surviving relatives will receive damages in the following order:
Do Not Lose Your Chance at Justice—Contact Our Louisville Nursing Home Abuse Attorney Today
Establishing legal grounds to file nursing home wrongful death claims in Kentucky can be challenging, especially if your loved one did not have a will or appoint an estate representative.
Our Louisville nuring home abuse attorney can help you collect, analyze, and present evidence of another party’s wrongdoing, making a compelling argument for compensation—money you can use to cover a family member’s medical bills, fund their last rites, and pay the costs of burial.
If your loved one’s life was taken by nursing home negligence, please send us a message online or call us at 888-450-4456 today.